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The value of our online lives is becoming immeasurable, yet few people are recording or protecting their digital assets. Whether the financial value of investments or the emotional value of family photos, if there is no arrangement in place to hand on...
There is no denying that 2020 is a year which will go down in history - for many reasons. The global pandemic, Brexit, and the fallout from these events has had a significant impact on many areas of our lives. These events may have far-reaching implications...
When I am discussing Wills and Estate Planning with clients, it often becomes clear that my clients are worried they will lose everything if they go into care. In many cases, after looking at their finances and analysing the existing care fee scheme, I am...
With everything going on at the moment, much more than usual people are aware of their own mortality and, naturally, many people have decided they cannot put making a Will off any longer. However, I have no doubt that making a Will may seem easier said than...
If you are a trustee or member of a charity you will be used to attending meetings in person, especially if you are part of a small, local charity. With the arrival of Covid – 19 and the first lockdown, many charities put on hold their usual meetings,...
For many people, buying a property is an exciting event. When purchasing with somebody else, there is always a lot to consider and it is particularly important that you are clear about the extent of your respective shares in the property, from the outset. ...
The UK population generously donates on average £10 billion per year to charities, so why should this end on death? Did you know a charitable donation could save your estate inheritance tax? In the article below, I deal with three key questions when...
As all solicitors in England and Wales will be aware, arranging the witnessing of Wills during the Covid-19 pandemic has become something of a logistical nightmare. It therefore comes as welcome news that the Government intend to pass legislation in September 2020 allowing for the remote electronic witnessing of Wills, albeit only a temporary change.
Experts are warning against self-directed videos following the announcement by the Government that legislation is to be introduced in September to allow Wills to be signed remotely using a live video link. While the coronavirus pandemic...
During the past few months, although our doors have had to remain closed, Chattertons have ensured that we are still able to offer a great service to our clients, even though we have not been able to offer a face to face service due to the Covid-19...
The current Covid-19 pandemic has caused many of us to reflect upon our own mortality and the need to manage our own affairs. During these difficult times, many of us have also found ourselves with time that we have never had before. It is often the case...
Chattertons understand that there is a great deal of uncertainty at this time, especially in regard to Will signings. There are strict rules laid down regarding how a Will should be signed to ensure it is effective and therefore, we usually recommend that...
COVID-19 CLIENT NOTICE Chattertons are open and we are working hard to provide our usual high standard of service to our clients. We are now able to see clients for essential meetings, by appointment only. Most of our advisors are working...
Chattertons Solicitors Private Client team continue to support individuals with putting in place or reviewing Wills, Powers of Attorney and the administration of estates during the coronavirus crisis. We are following Government recommendations and...
Chattertons Solicitors are open for business. However we are following government recommendations and would encourage you not to visit any of our offices except by prior arrangement. We are closely monitoring the developments of COVID-19 and are...
Most people will have heard of the '7 year rule' with regard to inheritance tax payable on gifts made during a person's lifetime. Often the rules are confused and misinterpreted. Current HMRC guidelines outline that any gifts totalling...
If you die without making a valid Will your estate will be administered under the intestacy rules. Under the intestacy rules, if you die leaving a surviving spouse or civil partner and children (or other descendants), the surviving spouse or civil partner is...
In July 2017, a four month public consultation was issued by the Law Commission on reforming the current law of wills which dates back to 1837. They also proposed reforms to the test of a person’s capacity to make a will, which was set out...
Due to the substantial expansion in the use of information communication technologies in the last two decades, digitals assets are now more prevalent than ever before. However, they are often not considered when discussing estate planning . With the...
From the age of 18 you are legally an adult and can make a Will setting out what you want to happen to your children, pets, property and assets when you die. You may think you're too young to make a Will, but the chances are that...
The importance of estate planning – deciding “who died first”. In the first case of its kind since 1950 Judge Kramer in Scarle –v- Scarle was asked to answer the question that many clients have “what happens if we die...
Do I really need an LPA and can I do it myself? The Office of the Public Guardian have reported that less than 1% of the adult UK population have a Lasting Power of Attorney (LPA). However, we are all at risk of losing our mental capacity in some way or...
A guide to appointing guardians in your will. There is a general conception that Wills are for the elderly and those in ill-health but life is uncertain and everyone needs a Will, to ensure your hard-earnt assets go to the...
Around 31 million British adults have no will according to a recent survey by Which? There is a regional split of those without a will – 42% of adults in England say they have a will, 35% in Wales and 31% in Scotland. The reasons quoted for not...
On 19 April 2018 Master Clark handed down Judgment in the case of Nutt –v- Nutt [2018] EWHC 851 (CH). The case involved the Estate of Lily Rose Nutt (“Lily”) who was born on the 4 th November 1924 and who died on 25 February 2013 aged...
When I am taking instructions for wills, I ask my clients if they own any property and if so, whether it is owned in their sole name or jointly. Many married and cohabiting couples own their home jointly and I am often met with blank or confused...
None of us want to imagine a time when we are no longer capable of making our own decisions. Yet as medical advances enable us to live longer, the chances of needing help later in life increase. Do you know who would manage your finances or make...
When an individual decides to make a Will , they may assume that the most important consideration is who will benefit from their estate, and how much they will receive. However, choosing the right Executors to appoint should also be a significant...
If you applied to register a Lasting Power of Attorney (LPA) between 1 April 2013 and 31 March 2017 you can apply to the Office of the Public Guardian to get part of your application fee back. A claim can be made by either the donor who made the LPA or an...
Creating a Will is the essential way to make sure your assets are distributed according to your final wishes. However many fail to prepare one for fear of the cost. This results in some people using the cheap DIY Will drafting kits, which are...
As they get older, most people are understandably keen to ensure that their home is not sold to pay care fees. They also want to protect their estate from inheritance tax, probate fees and claims from creditors or ex-spouses. Essentially, they wish to...
In this modern age the process of signing, witnessing and dating a hard copy Will can seem outdated. A Will is a written document that has been signed by the testator and witnessed by two people over the age of 18, who do not benefit from the Will. The rules...
A significant number of my clients who have been appointed as an Executor of an estate have never taken on the role previously and the prospect of acting as an Executor can appear quite daunting. The first task for an Executor is to ascertain the assets and...
You have made a Will; that is usually the hardest and most stressful part of the transaction completed and you can be safe in the knowledge that your assets are going to pass to your intended beneficiaries on your death. However, you now need to make sure...
Couples who live together are often under the impression that they have the same legal rights upon death as couples who are married, unfortunately for them this is a myth! Unmarried couples who live together, whether it is for 30 days or 30 years, have no...
It has been announced today that the increase in probate registry fees has been scrapped. The controversial increase was set to come into force in May and meant that the fee for obtaining a grant of probate (where there is a Will) or a grant of letters of...
Your last will may not be the last word if someone decides to challenge this. Nothing is certain but death and taxes, so the proverb goes. And in death is the final chance to determine how your hard earned money is distributed. This is done by a will and in...
Many people question why, when someone has made a will in their lifetime, there is any need for further formalities once that person dies. This is due to the fact that a will is a legal document by which a person expresses their wishes as to how their...
Are you free to use your Will to reward or punish your family? The recent Supreme Court case of Ilott –v- Blue Cross provides welcome guidance in relation to claims made by disinherited adult children. Your freedom is limited by the...
Have you recently had a bereavement? Are you responsible for dealing with the deceased’s affairs? If so, you need to be aware that the Probate Registry is increasing its fees! If you need to apply for a grant of probate (where there is a...
Although there may be various reasons that trigger people to make a will, ultimately it is about ensuring your estate passes to those who you wish to benefit. It is not only important to consider those you wish to benefit but also who you wish to entrust...
When someone close to you dies, it is always an emotional and stressful time. Some people feel that administering the estate is a simple process that can be completed without the involvement of a Solicitor. This is sometimes the case, but before taking on...
Time and time again, Private Client lawyers hear this same sentence, “I don’t need a Will I have nothing to leave”. The reality is that everybody has something to leave, even if they do not consider it to be financially valuable. If you...
Many people question why, when someone has made a will in their lifetime, there is any need for further formalities once that person dies. This is due to the fact that a will is a legal document by which a person expresses their wishes as to how their...
As many people are aware the first £325,000 of their estate is free from Inheritance Tax (IHT) on death, this is known as the nil rate band (NRB). This NRB applies on death and also on Lifetime transfer where the deceased does not survive 7 years...
"As long as someone can look after my finances it doesn't matter about my health". This is a statement that we as solicitors, hear frequently. Whenever a client comes to see us about Lasting Powers of Attorney (LPA) it is usually...
Lincolnshire Trading Standards are warning county residents against using unregulated will writing companies to prepare wills, especially for property protection trust wills. Some companies claim if a trust is set up to protect the value of your home,...
Chattertons associate solicitor, Anna Howat is celebrating after qualifying as a full member with the Society of Trust and Estate Practitioners (STEP). STEP members spend their professional lives working with families and tackling real problems. Common...
The Brexit furore still doesn’t look like abating any time soon. However, HM Revenue & Customs have taken steps to alleviate any fears their “customers” may have that tax changes will be following close on the heels of the...
The starting point when looking at estate planning where agricultural land is concerned is to look at the current set up of the farming partnership and various pieces of land. More often than not with agricultural land it is not certain who owns the land, or...
