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Funding care and supporting people to live independently
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Posted: 4th March 2015
There has been much discussion over recent years over the funding of care in the future, and the much anticipated Care Act 2014 came into force on the 1st April 2015, although the cap on care costs will not be implemented until April 2016. Whilst much of the detail is still unclear there are some parts […]
Dispute over a Deceased’s estate – Williams’ family agonise over possessions
Posted: 6th February 2015
It was so sad to hear recently that Robin Williams’ widow and children have gone to court in a dispute over the distribution of his estate. Following his death in August 2014 Susan (Robin William’s widow) has accused his children of taking items without her permission. The children are arguing that this is in accordance […]
The Impact of Disowning a Family Member Before Their Death
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Posted: 6th January 2015
The case of Wright v Waters [2014] EWHC 3614 has highlighted the effect that disowning family members can have on claims for financial provision from their estate on death. The Facts Mrs Waters died in 2010, she had a son and a daughter. In her Will she left the majority of the estate to her son. […]
Beware of Gifting Your Property Into A Trust
Posted: 9th December 2014
Recently, I have seen a number of cases where people have used non-qualified organisations or companies to gift their homes into Trust on the pretence that this will provide protection from probate fees; divorce claims; estate claims; and care fees – just to name a few. However, there are some significant disadvantages to gifting your […]
The Chancellor’s Autumn Statement: U-Turn on Settlement Nil Rate Band
Posted: 4th December 2014
Following yesterday’s Autumn Statement, the government has dropped plans to introduce a single settlement nil rate band to be shared between all Trusts set up by a settlor in lifetime or on death. Under current rules, an individual can establish several Trusts and as long as they are set up on different days each will […]
Appointing A Deputy (via the Court of Protection) In The Absence Of A Lasting Power of Attorney
Posted: 11th November 2014
In the absence of a valid Lasting Power of Attorney or Enduring Power of Attorney, no one has legal authority to make decisions on behalf of an incapacitated person about their property or welfare until a Deputy is appointed by the Court of Protection. Who can be appointed as a Deputy? A Deputy must be […]
Business Assets and Planning for the Future in the Event of Your Death
Posted: 14th October 2014
Death is the last thing people like to think about however, as everyone knows it is one certainty in life that we can’t simply ignore. As a business owner life is very hectic and it is understandable that consideration for what happens after you’re no longer around isn’t at the top of your list. However, […]
Change to Intestacy Rules – More Provision for Surviving Spouse or Partner
Posted: 30th September 2014
As of 1st October 2014, changes to the Intestacy rules came into force. This follows the enactment of the Inheritance and Trustees Powers Act 2014, the principle behind the previous rules have stood since 1925. What has changed? The new rules are more generous to surviving spouses and thus consequently less generous to the children. […]
The Real Life Practical Implications of Having a Lasting Power of Attorney in Place
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Posted: 7th April 2014
Lasting Powers of Attorney are extremely important, but surprisingly many people do not have these in place. Lasting Powers of Attorney allow you to appoint someone to act as your Attorney to represent your best interests and to carry out your instructions, not only in property and financial matters but also in personal health and […]
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