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Wills & Probate News
At the present time, should a person make a gift from their estate, they must survive the gift by 7 years for it to be exempt from Inheritance Tax. However, there has been an official review ordered by the Chancellor and as part of a radical shake up the 7 year rule could be cut...
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There has been wide coverage in the media of the potential increase to Probate fees. However, as we stand today this has not been implemented and there has been no fixed date for this.  Under the proposed plans, which have been opposed by many such as the Law Society, Probate fees would be linked to...
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The legal term for this is dying “intestate” because your estate (the assets that you own when you die) will be distributed in accordance with the laws of Intestacy. Intestacy may not be ideal for various reasons: 1.       Unmarried couples are not treated the same as a legal spouse 2.       Children will receive their inheritance...
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Direct Line Insurance has published research indicating a 6% increase in wills that were challenged in 2018. The Probate Registry has also revealed that applications to take out Probate were blocked on 8,159 times in the same period. From the research undertaken by Direct Line the indication is that 12.6 million people would be willing...
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In a case where reasonable financial provision has not been made, the Inheritance Act enables the court to vary the distribution of the deceased’s estate for certain family members and dependants. A recent report has found that the number of Wills and probate disputes making their way to HM Courts and Tribunals system increased by 6% in 2018. Whilst research...
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What are digital assets? They include, but are not limited to, files; emails; documents; photographs and videos but also include assets such as reward cards, social media accounts (Facebook), online bank accounts, online payment accounts such as PayPal and bitcoin / cryptocurrency. It is important to consider the following regarding digital assets:- What happens to...
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Hewitts are proud to have to have achieved the Law Society’s Wills and Inheritance Quality Scheme mark which means that we have met the high standards and integrity required and will provide high quality will drafting and estate administration services. As a result of obtaining this as a client you can expect the following:- we...
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The Government is being urged to make legal aid available to bereaved families to be represented at Coroner’s Inquests. Legal aid is currently only available in exceptional circumstances. High profile cases such as the inquests arising from the Hillsborough disaster have highlighted the unfairness of bereaved families struggling for representation when facing hospitals, police and...
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Among the many duties that an Executor carries is the duty to make full use of all the relevant reliefs that an estate is entitled to. If too much tax is paid by an estate then the beneficiaries of an estate may be able to make a claim against an Executor. HMRC will expect an...
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It is good news that we are all living longer, but this can present fresh challenges when it comes to the issue of capacity and caring for our loved ones. It can be the case that the parent/child relationship reverses and it can be difficult to help a loved one with their finances or health...
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