Related Wills & Probate News

Have you suffered bereavement in recent months? Struggling to handle tax affairs in the wake of such an untimely loss? HM Revenue amp; Customs has unveiled a new phone line aimed at streamlining the process this month to help ease your fears.

Looking beyond the headline-grabbing issues raised in the budget, it is interesting to note that despite what has been said in relation to charitable giving the Chancellor actually gave donors a greater incentive to make charitable gifts in their wills.

A report published by genealogist company, Title Research, has revealed that the number of Grants of Probate issued to solicitors has fallen

The Court of Appeal have reversed a costs order which saw a man who was awarded £36,471 by the High Court, after being disinherited by his father, ordered to pay over £100,000 in legal costs

The Court of Protection has ruled that a living will or ‘advanced decision’ should be upheld

The Legal Services Board has released details of its proposals to protect consumers against poor service in the Will writing and administration of estates sectors and has confirmed that these sectors should be properly regulated

Barbara Lileyman married her late husband Roy in 2007, having met some time in 2004 after the death of his first wife

The Legal Services Consumer Panel (LSCP) has provided its recommendations in relation to the probate and administration of estates sector

In a sign of the digital age we now live in, instead of worrying about what might happen to their material possessions after they die, more and more people are taking steps to protect the belongings they store online.

Accomplished British composer Sir Malcolm Arnold died in 2006 from a chest infection leaving a significant proportion of his estate, including his house and half of the remainder of his estate, to his carer of 22 years, Anthony Day

Annemarie Allport is set to appeal her £3.7 million award under the Inheritance (Provision for Family and Dependants) Act 1976 arguing that it is ‘wholly inadequate’ for her needs

Welcome to our latest issue of SE Watch, which aims to provide our readers with up to date articles on a range of Private Client legal issues. This month we are discussing how to ensure you are prepared for the tax year end, and also provide you with some guidance should you be considering renting out a property.

We live in an increasingly litigious society and the estates of deceased persons are not exempt. Indeed, such proceedings are on the increase.

Catherine Barrett and her brother David Robertson were both named in their Grandmother’s will in place of their mother who had already died and alongside their uncles, David and John Murray and aunt Catherine Turk

Many people are at least vaguely aware of the ground upon which a Will can be challenged

Judging from the number of clients we see who are concerned about their lifetime savings being swallowed up to pay for their care in old age, this is a real worry for many and rightly so, when the average cost of care works out at approximately £500 per week.

In a case that highlights the importance of getting your will professionally written, one much-loved family acquaintance has missed out on £70,000 worth of inheritance following a simple signing error.

Following a successful 2011, which saw Banbury solicitors Spratt Endicott increase its client base significantly and recruit a number of staff to meet growing demand, the firm has kicked off the New Year with the promotion of five fee earners from across four departments.

The Court of Appeal has ruled in the case of Barrett v Bem and Ors that there must be more than passive acquiescence on the part of a testator if a Will is to be valid where it is claimed to have been signed by another at their direction

The fiancée of late singer Gerry Rafferty is to make a claim against his estate after she was left out of his Will

Sir John Howard-Lawson has won a legal battle brought against him by his son, Philip Howard, over the rights to the proceeds of sale of 13th Century Corby Castle

We are constantly told of the importance of making a Will. But many are unaware of how their estates will be divided should they die without one.

Why is it so important to seek advice on your Will when buying property abroad?

There are certain legal formalities which must be observed when making a Will in order for the document to be valid

Have you been left out of a loved one’s Will? Are you concerned about the way a Will was executed? There are actually several claims which can be made in challenge to a last Will

The High Court is currently considering whether the estate of an immigrant who moved here from Italy in the 1950s, who intended only to make some money and return home, should be dealt with under English law.

The Law Commission have published a report calling for a change to the intestacy provisions for unmarried couples

Two children of Sir Malcolm Arnold, an oscar-winning composer are challenging his will in court after he left his house to his friend and carer.

Spratt Endicott is proud to announce the launch of its Family Mediation service. Patrick Mulcare, a solicitor in our Family Law Department, has successfully completed his training with Resolution (formerly the Solicitors’ Family Law Association) to become a Family Mediator and he now offers mediation as an option to couples who need to address difficulties in their relationships.

Trusts can offer great flexibility. They allow property to be ring-fenced; placing it in the hands of trustees who have wide powers to deal with it for the benefit of the named beneficiaries.

David Rossdale the Bishop of Grimsby has in his role as executor for the estate of the late June Robertson Rodger blocked the gift of a valuable vase to his cousin; Jennifer Watson as the gift could have resulted in the cost of millions to the estate in death duties.

The seemingly never ending economic turmoil being experienced worldwide has lead experts to claim that making a will is now more important than ever.

Leonard Taylor met his partner Doris Luker in the mid 1980s

Brothers Terry and Michael Rawlings have spoke out against their ‘adoptive’ brother, Terry Marley, who stood to inherit their parents’ estate until a defect in the Will was discovered

A man from Bristol has been jailed for nine months for pretending to be his Aunt’s attorney to steal £75,000 from her

Hari Sharma, who died in December 2010 aged 77, befriended the secretary of his solicitor, Jane Duke, following a stroke in 2005

In a sign of the times, more Britons are leaving internet passwords within their wills contributing to our nation’s ever-growing £2.3 billion digital inheritance

Increasingly it seems that battles are fought on the basis that a deceased’s estate is not worth what an expectant relatives believed

Welcome to the first edition of SE Watch, our latest e-newsletter, focusing on Private Client issues, that is, legal issues related to individuals. You will find brief articles concerning Wills, Trusts and Tax, family, property and employment matters, all of which we hope you will find both relevant and interesting. Within this first issue we raise the question as to why it is worth considering making a Will.

The Legal Services Commission has called for evidence from members of the public, legal businesses, other businesses active in the probate and estate administration markets and all other interested parties about how best to protect consumers

Industry experts have urged Brits to seek professional advice before crafting their wills.

The daughter of a Sikh father, who left the majority of his estate to his sons, and only a fraction to his daughters, has successfully overturned the document in court. Ranjit Singh, of Crawley, Sussex, made the will in 1999

Adults throughout Britain have been advised to make sure their wills are up-to-date and legally enforceable after a couple in London were prosecuted for forging wills to the tune of £1 million.

It is said that 1 in 6 of those living now will live to more than 100. Such life expectancies will put increasing pressure on governments to fund pensions and care, already controversial issues.

Bogus Will writer, Walter Ventriglia, has been imprisoned for conning clients with false legal updates in order to charge them for changes to their Wills

The Inheritance Tax Act 1984 allows a number of reliefs and exemptions for inheritance tax, which currently applies at a rate of 40%

It is important that everyone makes a Will, whatever their circumstances.  However, this is never more so than for parents.  Not only so that their children are financially provided for but also that an election is made as to who should care for them

The Royal National Lifeboat Association (RNLI) is to receive £6million through the Will of a lady who avidly supported their work

It has been estimated that approximately two-thirds of the UK population have not made a Will. What is less documented is how many of these keep them under regular review.

In a ruling by the Court of Appeal the partner of eccentric TV presenter and personality, Timothy Hadcock-Mackay, lost his battle to have the executors of his estate removed. Alexander Torquil Mackenzie-Buist argued that the executors had “eroded” the value of the estate.

Research carried out by More Than Pet Insurance has found in a survey of 14,181 pet owners that 35% are to leave more than £10,000 to their pets in their Will

The Court of Appeal has refused to renew an injunction granted earlier this month preventing the sale of 11 irreplaceable family paintings

Prior to the Civil Partnership Act 2004, the law created a wholly unfair inequality in inheritance laws between different and same sex couples

The panel recommended that Will writing services should be regulated. The Legal Services Board confirmed in a statement that, in light of these recommendations, it had “concluded that it should begin a formal statutory investigation to identify what changes there may need to be to regulation in these three markets.” Dr Dianne Hayter, chair of the Legal Services Consumer Panel, said “The panel was shocked by the poor quality of wills.”

Caravan park businessman, George Wharton, died in September 2008. His three daughters have brought a claim in the High Court alleging that the Will he made three days before his death (on the same day that he married his long term partner, Maureen, in his living room) is invalid.

Latest figures show that more than 250,000 applications for probate and wills were granted in 2010, yet over-50s are “squandering millions of pounds” on “once-in-a-lifetime probate and will-writing” decisions, the charity Saga has warned.

Daniel Carruthers was charged with six counts of fraud by abuse of position after being granted power of attorney by his father who suffers from advanced dementia

In a recent judgement of the High Court, it was ruled that Helen Blofield, in her 80s, “knew what she was doing” when she disinherited her Granddaughter from her £150,000 estate in favour of Lionel Cranfield, a former neighbour

The Court of Appeal has recently given judgment in the case of Whaley v Whaley [2011], a matrimonial dispute involving two dynastic trusts.

A dispute has arisen over a share of the multi million pound estate left by the deceased actress Elizabeth Taylor

A deceased American property millionaire’s estate has finally been distributed to the beneficiaries in his Will, 92 years after his death.

In the recent case of Rudyard Kipling Thorpe (Litigation Friend of Leonie Leanthie Hill) v Fellowes Solicitors LLP [2011], the High Court has departed from the usual approach taken regarding the mental capacity of elderly clients

Many charities are hoping that the Inheritance Tax incentives announced in this year’s budget for leaving money to charities in Wills will encourage more people to leave gifts to charity

Recent statistics indicate quite clearly that fewer and fewer couples are marrying, preferring instead to live together. This has caused a number of issues which the Law Commission are now reviewing particularly relating to the disposition of the estate of one of the partners when he or she dies.

Despite the publics apparent willingness to openly donate to major charitable causes, such as the recently successful Comic Relief, new research has found that charities do not rank highly on the list of beneficiaries in people's wills.

Stieg Larsson, the Swedish author famous for his series of novels including ‘The Girl with the Dragon Tattoo’, did not make a will before he died.  Subsequently, the series rose to great acclaim, resulting in large royalties passing into his estate

The Government has included in its budget, provisions specifically designed to encourage charitable donations

Two recent cases in the High Court have shed further light on the extent to which trustees will be liable for their mistakes in the administration of a trust

According to current research, more than a third of parents do not want to leave their estate to their married children in case there is a divorce and the former spouses inherit some of it.

Powers of Attorney are essential in enabling others to manage the financial affairs of elderly and infirm people who are unable to do so for themselves

A recent investigation carried out by the Office of Fair Trading has lead to findings that banks such as Barclays, HSBC, Lloyds and RBS are failing consumers in the way they are selling wills.

A recent study by research company, ‘unbiased.co.uk’, has shown that Britons are paying billions of pounds in Inheritance Tax that they could easily avoid through better tax and estate planning.

Due to a significant increase in new client wins over the past year, leading Banbury-based law firm Spratt Endicott has appointed Tom McInerney within its Private Client department, to meet growing demand.

The ex-girlfriend of a Royal Marine has successfully challenged her late boyfriend’s family in a bitter will dispute.

Recent figures released by law firms and the Ministry of Justice have confirmed a huge increase in trust related disputes during the recession. The reason behind this is likely to be the reduction in income made by trusts during this period and in capital losses on assets held in trusts, coupled with an increase in trustee fees

The UK’s continuing issues with unregulated will writers have resurfaced this month as surveys show a drastic increase in the abuse of clients.

Judgment was delivered last week in the High Court in an inheritance dispute between a father and son over ownership of the family castle

While the season for giving may have passed, thousands of individuals are increasingly listing charities amongst the beneficiaries of the wills, new research has found.

With so many companies and businesses now offering Will drafting services, it is often hard to know which ones will deliver a professional service

The legal case of Gill v RSPCA [2010] examined the extent of the power of a disinherited relative to contest the terms of a Will.

In the recent decision of the Court of Appeal in Perrins v Holland and others [2010], clarification has been provided as to the evidence needed to establish whether a testator is mentally capable of validly executing a will.

Two women have been caught committing forgery in a bid to claim the multi-million pound estate of their partner.

Almost half of UK adults are yet to write a will with a third claiming that the cost and complexity of doing so is holding them back, new research has suggested.

Here’s the question. Would you rather choose the house that you wanted to buy, the holiday that you would like to take and the car that you would like to drive, subject always to affordability, or would you rather some Government department made those choices for you? A simple enough question and the answer is obvious. That being so, why do so many people, in excess of 60% of the population, prefer to let the Government decide where their estate goes, who gets it and when and how much tax is paid. If those same people have infant children, then the local authority can choose who should bring them up.

British couples risk problems in later life by failing to discuss their estates and Wills while keeping personal finance secrets, new research has revealed

Those hoping to draft a Will have been advised to approach properly regulated solicitors after a string of consumers reported problems and thefts by Will-writing organisations

Three feuding brothers have been told to evenly divide inheritance left to them by their late mother following lengthy High Court battles.   In late 2006, the boys’ mother Edith Northall sold her small house for almost £55,000

In an attempt to deny her brother his share of a £300,000 inheritance, an unmarried spinster has been found guilty of forging her mother’s will

The majority of British adults and cohabitating couples have not written a will, according to research published this spring

Almost two billion pounds will be wasted this year due to poor inheritance tax planning by the vast majority of UK taxpayers, an annual report by Unbiased.co.uk has found

Lifelong savers who delay drawing benefits from their pension funds may be subject to inheritance tax upon their death following a controversial victory for HM Revenue amp; Customs (HMRC)