Article Category: Personal & Family Law – Insight & Opinion

Contentious Probate: how to deal with relatives squabbling over the estate

Contentious Probate Q&A My father has recently passed and I am the executor of his estate. He had a lot of personal effects, which my relatives are squabbling over. What should I do? These personal effects are called chattels. As executor, it is your duty to collect his personal effects and distribute them to the beneficiaries of… Read more »

Making a Will: Will Writer v Solicitors

Will writing is not currently regulated so anyone can write a Will. If you want to, you can write a Will yourself by picking up a will pack from your local post office or newsagents. It is also now possible to attend a course to learn how to write a Will in a day, for… Read more »

Does an Adopted Child have Inheritance Rights?

The law surrounding the inheritance rights of adopted children can seem incredibly complex and confusing with many adopted children not knowing where they stand legally when either their biological or adopted parents pass away. Adopted parents: Children who have been legally adopted are treated in exactly the same way as biological children for the purposes… Read more »

The Difficult Decisions: Dementia and Divorce

In 2014 the Alzheimer’s Society published a study on the increasing prevalence of dementia in the UK. It found that 1 in 14 of the population aged over 65 are suffering with dementia and 40,000 people living in the UK have early-onset dementia. These statistics raise many questions about the care available for patients but… Read more »

NHS Continuing Healthcare Funding: When do my care fees get paid?

Recent publicity following the BBC drama “Care” has brought NHS Continuing Healthcare funding into the spotlight. NHS England reports that 77,741 people were found eligible for Continuing Healthcare funding (CHC) during the nine month period to 31st December 2018. These patients are eligible for all of their care fees to be paid by the NHS,… Read more »

Remarriage: how does it affect your Will and who inherits your estate?

In modern society our family circumstances are more diverse than ever. Increasing numbers of people are considering remarriage and a new term ‘blended’ families has been introduced for those households bringing up children from previous relationships together. When your family circumstances change it is imperative to consider the position of your Will. Recent research has… Read more »

Is it time to simplify the Inheritance Tax process?

The Office of Tax Simplification (OTS) published its Inheritance Tax Review in November 2018. The review demonstrates that changes desperately need to be made to the administration process. The purpose of the report: Dealing with estate administration often places a huge burden on executors. The OTS recognises that the responsibility of dealing with the estate… Read more »

Property held in Trust: who’s responsible for the up keep

Property held in Trust is a great way to safeguard the property and avoid the lengthy and potentially costly probate process on death. For the trustees who hold the property it is important to consider any potential risk factors, your obligations and the health and wellbeing of the beneficiary residing in the property.  There is… Read more »

Arguing over a Will: The 5 most common reasons

When a loved one passes away it is a very difficult time but this feeling can be made worse if the provisions of the Will are unexpected or there is conflict between the families over the distribution of the estate. There has been a surge over the last few years in claims arising out of… Read more »

Grant of probate application fees set to rise

Reforms to increase the cost of a grant of probate application are set to be implemented by the government. First discussed in 2017, the fee increase is now set to take effect in April 2019. What are the fees for a grant of probate application?   The current application fees are fixed at £215.00 for… Read more »