Wills, Probate and Inheritance

By Claire Wilson Associate Solicitor The High Court has allowed a family to correct an error in a trust fund that would have had costly tax implications. The case arose out of financial arrangements outlined in the will of a man who died in 2015. He bequeathed £4.2m to be held on trust for the benefit of his widow and his children, with a class of discretionary beneficiaries comprising of…

By Laura Wilson Following the death of an individual, in some circumstances it is necessary for the Personal Representatives (the people responsible for dealing with the Estate) to apply to the Court for a document known as a Grant of Probate (GoP) to allow them to obtain the deceased’s assets. Currently, the Court fee for obtaining the GoP is set at £155 if applying through a Solicitor or £215 for…

By Rebecca Adams, Solicitor The Court of Protection has appointed a deputy to look after the interests of a woman who lacked capacity to manage her property and affairs. The woman was 71 and prior to becoming ill, had not set up a Lasting Power of Attorney, which would have enabled her to appoint someone in advance to look after her affairs if she became unable to do so herself.…

Sian Rae Solicitor People setting up Lasting Powers of Attorney (LPAs) to protect their interest in case they lose mental capacity in the future have scope to outline their wishes. However, an instruction that their attorney – the person they appoint to look after interests – should help them in an assisted suicide would be ineffective as it would be encouraging an unlawful act. That was the decision of the…

A LEGAL company has launched a service which offers free will reviews for residents of West Cumbria. Staff at the Dovenby branch of Cartmell Shepherd are welcoming local residents to join them for a 30 minute consultation. They have decided to offer this service because many people unwittingly have wills which are out of date and no longer fit for purpose. The consequences can be seismic, with families potentially plunged…

Deborah Flynn, Head of our Wills Probate & Inheritance Team considers recent budget results. Chancellor Philip Hammond surprised political commentators by producing what’s been described as a “giveaway budget” featuring tax cuts and increased public spending. While many people will welcome the increase in personal tax allowance and extra funds for services like the NHS, there was also some disappointment that there was no increase in inheritance tax allowances and the…

A LEGAL expert has spoken about the importance of ensuring wills are properly drafted after a doctor was jailed for defrauding a wealthy widow.  David Tew today issued a ‘do it right’ plea following the case of Zholia Alemi, who was last week imprisoned for five years after faking the will of elderly Gillian Belham. Alemi had been asked to rule on the wellbeing of dementia sufferer Mrs Belham. But…

By Claire Wilson Associate Solicitor Two sisters have been allowed to correct an error in a family trust that would have prevented them from benefiting in the way intended when the document was drawn up. The sisters were aged 58 and 56. When their mother died in 2005, they had inherited equally her 50% share of the house that she and their father owned. For tax reasons, they created a…

The High Court has settled a property dispute between two brothers after one accused the other of using undue influence to persuade their mother to leave him her house in her will. The case involved an elderly woman who moved in with her son after her husband died. However, she later wanted to move back to her own home in Cornwall. The house needed significant repairs, so she decided to…