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Wills, Trusts & Probate Blog

Paying inheritance tax when estate funds are tied up

Hardeep Gill
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When applying for probate in regard to an estate which is subject to inheritance tax, 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...

Intestacy lessons from the rich and famous

Hardeep Gill
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While celebrities often have many professional advisors who look after their business affairs, like many ordinary people they sometimes do not get around to making a will and setting out their particular wishes. ‘When you die without a will,...

Can I give up or amend a legacy after someone has died?

Hardeep Gill
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While the specific terms of any will are up to the individual who makes it, after they have died there may be circumstances where those left behind wish to pass their gift to someone else. ‘Beneficiaries are not obligated to accept their inheritance,...

Is an Online Will Right for You?

Hardeep Gill
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The rising popularity of online Will writing has the potential to increase the risk of future disputes over the validity of those Wills and the risk of other contested probate cases. Between 2019 and 2020, during the COVID-19 pandemic, the number of people...

House Price Rises Cause Hmrc to Open over 3,500 Inheritance Tax Investigations

Hardeep Gill
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3,574 inheritance tax investigations were launched from 2020 to 2021 because of the rise of house prices across the country. Since launching the probes, HMRC has gained an additional £254 million in revenue, with the average investigation securing an...

Managing financial affairs under a lasting power of attorney

Hardeep Gill
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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...

Relying on the concept of 'next of kin' - when is this enough?

Hardeep Gill
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Next of kin is a commonly used term in everyday language, yet despite its frequent use ‘next of kin’ only provides legal rights where children are concerned and, even then, only in certain circumstances. The general rule is that the parent or...

Making a will or giving a gift on your deathbed

Hardeep Gill
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Making a will or giving a gift on your deathbed Living through a global pandemic has meant seeing loved ones taken from us at an alarming rate, and it has been distressing for many to see someone taken into hospital and not know if you might be able to...

The Notary Process Explained

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Using legal documents overseas is not as straightforward as you might imagine. Even a solicitor’s signature is often not enough for certain legal documents to be accepted in other countries. The legal professional you need to help with this is a ...

How to plan philanthropic giving through your will

Hardeep Gill
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In 2006, the American multi-billionaire Warren Buffet astounded the media by making a pledge to give away 99 per cent of his wealth to charities. He plans to do most of this in his lifetime and intends the remainder to be given away within 10 years after his...

Why use a legal expert for an estate administration

Hardeep Gill
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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...

Making a will after your spouse or partner has died

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Coming to terms with the death of your spouse or partner will take time, but at some point you will need to think about financial and legal issues . Once probate has been obtained and their estate has been settled, you may need to think about whether you...

Choosing attorneys for your lasting power of attorney

Hardeep Gill
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Everyone should have lasting power of attorney, along with a will, and in setting this up you will need to appoint people to act as your attorney to look after your affairs if you become unable to.  You need to consider very carefully who you will...

Trustees' duty to give information to beneficiaries

Hardeep Gill
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It can be flattering to be asked by a relative or close friend to be a trustee of their estate, but this is a role with important legal obligations and disputes can arise when beneficiaries do not agree with the actions of trustees.  One such area of...

Making a Will? Have You Accurately Identified Your Beneficiaries?

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One very good reason why you should sign an up-to-date and professionally drafted will is to ensure that your chosen beneficiaries are accurately identified. A High Court case on point concerned gifts to a cottage hospital that did not exist and to equally...

Do I need to instruct a Solicitor when someone dies?

Hardeep Gill
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The short answer to this is no. So why, do you ask, should you instruct a probate solicitor at Hatten Wyatt? At Hatten Wyatt our experienced private client department can provide their knowledge in order to deal with the legal process of applying for...

The importance of making a will

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I often hear “I haven’t got any money to leave my kids so why should I bother?”.  My response is “You have kids?  If they are under 18, you definitely should have a Will to leave your kids to someone”. As loving...

"Former strictly host" leaves entire £11.7million to widow

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According to reports the late Sir Bruce Forsythe has left his entire fortune to his wife in a bid to avoid inheritance tax.  Sir Bruce died in 2017 aged 89.  It has emerged that the former host of Strictly Come Dancing bequeath his entire...

Tea parties with ghosts

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When my own mother started seeing birds flying around the house, and having tea parties with ghosts, I knew it was time to act!  Luckily some years before, she had put in place Powers of Attorney which enabled me to step in and manage her financial...

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