Article Category: Wills & Wealth Planning

New wills and inheritance quality scheme

The call for will writing to be regulated was a result of the growing number of wills badly drafted by solicitors and non-solicitors alike; however, following the disappointing announcement by the government in May this year that will writing will not be regulated, The Law Society has created a new initiative in attempt to deal… Read more »

Wills – what happens if someone is missing?

When a person makes a will, the will does not take effect until the person has died. This is usually evidenced by a death certificate and then the persons named as executors will assume authority over the deceased’s affairs by extracting a Grant of Probate.  Even when a person dies without a will, family members… Read more »

Finance Bill 2013 – effects on inheritance tax planning

In the April 2013 Finance Bill, the idea of inheritance tax being charged on the net estate (i.e. total assets less any debts, such as mortgages or loans) is being set aside in three particular situations. The thought behind the proposal is to reduce the amount of inheritance tax relief available to an estate in… Read more »

Dangers of a home-made will

In English law there is no requirement to make a will and statistics show that one in three of the population die without one. What is not always revealed is how many people die with a home-made will, which is either completely invalid or is valid in some way but does not reflect the true wishes… Read more »

How to ensure you rest in peace

There are still vast numbers of people who do not think about – and have not made plans – for what will happen to their own body when they die. It is pragmatic to suggest that everybody should consider what they would like to happen and make plans, usually in the form of creating a… Read more »

Trustee jailed for theft

A trustee is responsible for looking after assets on behalf of another. In such a role the must perform their duties to ensure that all steps are taken in the beneficiary’s best interests. If a trustee acts in breach of their duties they may find themselves personally liable to the beneficiaries. Taking an entirely dishonest… Read more »

Appointing executors… Who has the last word?

An ‘executor’ is appointed in a will as the person who will administer the estate following death. There may simply be a sole executor or you could elect to have more. The executors will step into the shoes of the person who made the will and has passed away i.e. the ‘testator’ and assume control… Read more »

Who owns your body when you’re gone?

Some people don’t mind what happens to their body after their death but for others where, when and how they are buried or cremated is of great importance to them and their family. The recent case of Ibuna v Arroyo considered some difficulties arose over who had the right to decide the deceased’s funeral arrangements…. Read more »

Can I exclude someone from my will?

In this country we have ‘testamentary freedom’. In other words we are supposed to be able to make the will we want to and leave our estates to whom we choose. However, the law is not that straightforward. For example, under the Inheritance (Provision for Family and Dependents) Act 1975, certain classes of persons can… Read more »