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Category: Wills, Probate & Powers of Attorney

Pros and cons of putting conditions on gifts in wills

Deciding who should inherit from you in your will, how much they will get and in what shares, are big decisions to make. This can be made more difficult if you have particular concerns about a beneficiary and whether the inheritance could be at risk. “Second marriages, family disagreements, or children who have a lot

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Paying inheritance tax when estate funds are tied up

When applying for probate in regard to an estate which is subject to inheritance tax (IHT), the Probate Registry requires tax to be paid before the grant of probate application. This can prove difficult as most financial institutions will not pay out sums to executors without first seeing the grant, but there are ways to

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Life interest trust: How it works

Karen Starkey and Jack Haskew of our Wills, Lasting Powers of Attorney and Probate team, field some of the key questions about life interest trusts, which are becoming increasingly mainstream. Q: What exactly is a life interest trust? Karen Starkey: A life interest trust is an arrangement whereby your Will provides for one beneficiary during

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Flexible lasting power of attorney can ease financial worries

Making a lasting power of attorney for your finances is an important part of lifetime legal planning, especially if you have built up a portfolio of assets and investments which require regular management. While this legal authority needs to be set up well in advance of when it might be required, it can also be

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Why it takes time to obtain the Grant of Probate

As an executor, you are likely to need a Grant of Probate to enable you to carry out the deceased’s wishes as was set out in their will. The grant is formal confirmation from the probate court that the executors are legally entitled to administer the estate. You must apply for the Grant of Probate

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Lost or unexpected beneficiaries when someone dies

It is not uncommon for executors to face some difficulty tracking down the beneficiaries of an estate, especially if the will was written many years ago. If there was no will, intestacy rules apply and there could be distant family members you did not previously know about. If beneficiaries cannot be found or someone unexpected

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Dealing with estate debts

If you are an executor of an estate, you may need to deal with debts that have been left behind. Any estate may have debts to be considered, even if the deceased was wealthy. “Personal debts do not expire on death, they are carried over into the estate,” says Karen Starkey, of KWW’s Private Client

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Deputyship – when a power of attorney is no longer an option

If your partner, a parent, or another close relative is losing their ability to manage their own affairs, you may be concerned about how much you can help, particularly where financial matters are concerned. If the person you care for has not made their own plans, such as by making a Lasting Power of Attorney

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Powers of Attorney – it’s a matter of trust

With continuing advances in modern medicine, we are living longer and longer. And while we are able to keep our bodies healthy and fit into older age, often our minds cannot keep pace. A lasting power of attorney (LPA) provides an additional means of support among those you trust if you are no longer able

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Why a legal expert is best for estate administration

Like many government organisations, Her Majesty’s Courts and Tribunal Services (HMCTS) has been increasing its digital services over the past few years as it aims to provide a more streamlined system for probate registries. While the online service provides an option for executors and administrators to deal with an estate themselves, Karen Starkey, a solicitor

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