Court of Protection Matters

My husband and I are considering giving my son a gift of cash to buy his first house with his fiancée and her two daughters. The gift would be quite a sum and we are worried about what might happen in future if my son were to separate from his partner. Would she be able to profit from our gift and what can we do to protect it?

 My sister lives in America but she was born in the UK and still has family here, as well as a property and bank account. When making her will recently, she was advised that any assets held in the UK couldn’t be included in probate there. This is a little concerning, as her pension and savings bonds are all paid into the UK bank account - I am worried these will not be covered by a will if drafted in America. My question is, should I ask her to draft a separate will using a UK lawyer to cover these assets? And, if this UK will is then witnessed and verified in America, is it still valid?

In the past, we’ve written many blogs about the trials and tribulations surrounding wills and disinheriting direct descendants. But, what about circumstances where you chose to leave an amount which is a small slice of a large fortune - even if that slice is still worth £7m?

My father has recently been diagnosed with early onset dementia. My brother and I have been very supportive, but this news has been devastating for us all. I know I need to get my dad’s affairs in order, but I’m not too sure where to start. Is it possible for him to appoint someone to make decisions on his behalf?

My parents’ house was left to my brother and I, but due to the size of the estate we were liable to pay a hefty tax bill of over £100,000.  We are unfortunately not able to pay a bill of this size through our savings and we’d ideally like to keep the house and rent it out, so we would rather not sell if we don’t have to. 

According to a recent article, just two in five people are certain their parents hold a will. However, whilst the idea of talking about, or planning for death may not be a topic of choice with your children, it is important that you still have “that talk”.

One third of parents are now lending to children so that they can get on the housing ladder - but a worryingly high percentage are either refinancing or selling significant assets in order to do this. Planning early could not only ensure their future is safe - but yours is secure too.

Bank fraud is an increasing problem - particularly during the pandemic. It’s difficult enough to navigate new online or remote services that we’re not used to, but if you’re not of sound mind it is even harder. If you are an attorney or deputy responsible for someone who is vulnerable, there are a few things you can do to protect yourself, and them.

When embarking on having a will prepared, it is tempting and understandable to say that one wants a simple will only because one’s affairs are straightforward and there is nothing that is complicated. That would certainly be the case in many cases, but that may not be the case in others. 

 Hundreds of women on state pension living on menial amounts could be entitled to back-dated claims worth thousands, according to a recent report.

We are often approached with questions relating to care and the mounting costs associated with independent living or going into a care home. We’ve addressed some of the common questions.

Someone approached me recently and said they’d been thinking about some later life planning - always music to my ears. However, this individual said they didn’t feel ready for a Lasting Power of Attorney (LPA) and neither did their son, and asked if a joint bank account would instead provide an alternative solution. On the surface, this seemed acceptable, but from a legal perspective, it could prove to be a minefield.

Way back in 2018, we reported the case of Universal Wealth - a company owned by Melanie and Steve Long, who faced fraud charges after they set up a scheme designed to avoid paying care fees and simplify the administration of an estate. Instead, all it did was leave people out of pocket.

If you were one of many who turned in to Good Morning Britain presenter Kate Garraway's heart-breaking story about her husband's battle with Coronavirus, like me, you were probably sympathising with Kate and admiring her for her honesty. However, I think this has made us think about the need to plan ahead and about our own circumstances and how we would cope in similar circumstances.

The Office of the Public Guardian (OPG) launched a new service last year for digital Lasting Power of Attorneys (LPAs), designed to speed things up by turning paper-heavy processes into newer online services. However, whilst the system will be a welcome reform, we must make sure it still protects vulnerable people from financial abuse.

Lockdown has been hard for many, but criminals have been cashing in like never before - so now it is more important than ever to stay on our guard.

Back in June 2018, the Government launched a call for evidence into the regulation of the pre-paid funeral market, following concerns into the risk it presents to policy holders.

The Covid-19 vaccine is currently being rolled out across the country, with the government identifying key vulnerability groups to vaccinate first. This includes many people who lack mental capacity to understand what Covid-19 is and whether or not they should have the vaccination. 

Another day, another story of how a DIY will has been through the courts and has been successfully overthrown. Whilst the temptation might be there to try and cut corners, it really isn’t worth the financial or emotional heartache for those left behind.

In a previous blog I wrote about how the pandemic had caused a spur of new will applications, however, it seems that writing official records is something that has taken a lot of households by storm.

If you set up a trust fund for a child who has learning disabilities, you might want to consider how to access those funds when the child reaches 18.

Last year, we wrote a blog about how digital assets are commonly overlooked when writing a will. But, thanks to a recent survey by the Law Society, now might be the best time to give it some thought.

During these uncertain times, it is good to know you can count on us.

Even after the recent Government announcement of another national lockdown we remain open for business and are here to help you.

Just as we publish a blog about why it can be difficult to leave direct descendants out of your will, we hear about the case of Tamara Lucas.

Before going into shared ownership with any family members, just make sure you are not setting yourself a trap for later on - as one family nearly found out.

Affordability is a key issue when it comes to any transactions or financial contracts. Whilst an applicant may be sound on paper, there are no personal or medical references needed, but why is that important?

You’d be surprised how often I get asked questions like this in my profession, but whilst leaving a family member out of a will is a difficult moral dilemma, there might be other things to consider - or it could just come back to haunt you.

With the endurance of a second national lockdown, our hearts go out to those who are currently, or have previously, faced a battle with this terrible virus. As cases continue to rise, now is more important than ever to make sure loved ones are looked after - beyond just physical healthcare.

Sometimes, even with good intentions, the allocation of assets and property when a loved one passes away can have unwelcome side effects. This was a harsh lesson one family learnt, when one spouse tried to leave half of a property to children - but it soon turned out this physically wasn’t possible.

A recent article in the Sunday Times featured a widowed gentleman, who wrote about how, during his 55 year marriage, he really struggled to deal with the financial side of his wife’s death - even though he had always been the one in the partnership who “took care of the money”.

As talks continue surrounding Brexit and the UK’s formal departure from the EU, expats are being urged to update some of their important legal paperwork before the exit deadline.

You couldn’t make it up, but it seems that a mischievous moggy was solely responsible for unravelling a mystery and helped solve a family feud over a £2m will battle.

Of course, no one plans to intentionally become a victim of fraud but, the fact is, scams are becoming so clever many of us fall for them without realising - and if you are an attorney acting on behalf of someone else, you need to be extra vigilant.

According to research by Age UK, more than 2,500 elderly patients are kept in hospital unnecessarily as they had nowhere safe to go – and it’s costing the NHS around £587 million.

New laws introduced by the Government from the tax year 2017/18 onwards allowed married partners to pass on up to £1 million worth of value in their family home, as long as it was passed to direct descendants.  However, since the law has been introduced, some have found themselves worried that some of their loved ones may be missed out.

Surviving spouses and civil partners are about to benefit from an additional £20,000 if their spouse dies without leaving a will (or where there is an invalid will or it fails to deal with the estate fully). Under such circumstances the “intestacy” rules prevail, which are laid down in statute and create a proscribed order as to who inherits the estate.  

Valentine’s Day is the time of year our minds turn to our loved ones. But, whilst exchanging cards or gifts is commonplace, it is worth considering other things you can do for a more vulnerable loved one.

It’s a truth universally acknowledged that humankind doesn’t like thinking about dying – and it makes us notoriously bad at planning for it. After all, who would want to plan for death, when life is all about living? The thing is, in my line of work, I see all too often how planning for death can actually help people live life to its fullest.

No sooner had we written our recent blog about leaving crypto currency in a will, news hit the headlines about a football fan who left money in his will so that he could buy players a pint.

In a recent blog, we reported how the Office of Public Guardian (OPG) had seen an increase of reports relating to elder abuse. Whilst this is unfortunately not a new trend, the report has thrown some light on the responsibility of carers and those who may be more vulnerable to physical, mental or financial abuse.

In a recent blog we talked about how digital assets may not be so clear cut when it comes to rightful ownership in the event of your death. However, if you happen to own any crypto-currency, you might want to think about telling your loved ones how to retrieve it.

If anyone out there was lucky enough to receive a proposal over Christmas, chances are you’re still up on cloud nine. However, whilst thinking about any preparations, you might also want to think about some of the legal implications and how this will affect you and your family.

“Gazelle will never say: ‘Just eat me’. We have to hunt.” This was a line spoken by a manager at one pre-paid funeral provider, according to undercover operations that were reported by the Guardian. Sadly, this is just another example of vulnerable individuals being put at risk – as most of them should probably never have been sold a funeral plan in the first place.

Back in 2016, then-Chancellor of the Exchequer, George Osborne, announced as part of the annual Summer Budget, a tax break that would put many families in a more favourable stance when it came to passing on property after death.

I wrote a blog recently about why it is important to seek legal advice when seeking an attorney.This related to some published findings about those acting on behalf of a vulnerable person – and whether or not their intentions were genuine.

In an article published recently by the Law Society Gazette, a law firm in London published findings of a survey relating to Lasting Powers of Attorney – specifically for those who act on behalf of a vulnerable person.

I’ve written a number of blogs about the importance of writing a will. But, in an article published in the Times recently, it really brought home the truth of what happens if we fail to write one and die ‘intestate’. The law then determines who will inherit depending on your family circumstances.

Whilst the housing market continues to stagnate, it looks as though there could be some unexpected perks where a property has fallen in value.

It’s an unavoidable fact of life, yet when it comes to death, we do everything we can to steer away from the subject. But, it’s an important one – because it means you and your family can have peace of mind.

We’ve all misplaced things occasionally, but a will is something that you’d hope would be stored correctly for a time when an executor would need to administer an estate. However according to a recent article, Lloyds bank has uncovered a number of wills that couldn’t be matched to owners.

We’ve all misplaced things occasionally, but a will is something that you’d hope would be stored correctly for a time when an executor would need to administer an estate. However according to a recent article, Lloyds bank has uncovered a number of wills that couldn’t be matched to owners.

I think we’ve all probably been in situations where we have handed out money, either as a loan or a gift, and had good intentions for the recipient. Whether it’s help to buy a car, or purchase a first home, many people often tend to gift money to help out family and friends.

Not many people relish the idea of writing down wishes relating to their death, however, according to research by Royal London, more than half of us in the UK still don’t have one – and 5.4 million don’t even know how to get one.

Whilst this may sound like the opening to a punchline, there is a serious side to this question. Do you know the difference between the duties of an attorney and the role of an executor.

According to recent news, the average self-employed worker faces working until they are 79 to secure a big enough pension pot to support them in later life.

No one likes to think about death, but unfortunately it’s a fact of life. People not wanting to talk about death is one of the main reasons why 60% of us risk dying without a will – and without the legal protection of our wishes for our families.

It’s holiday season, so people are off on their travels. It is also the time of year when people start to think about their wills – either writing them for the first time, or updating them.

Many people are tempted to write their own wills to avoid the expense of a solicitor, however, a poorly-written will can quickly lead to mounting costs – as well as a legal minefield.

When it comes to wills, some clients come to me following the loss of a loved one, questioning whether their will was written fairly. It is often quite surprising to know what many of these clients are unaware that it is possible to contest a will, despite the fact it is a legal document.

Thankfully, will writing is being given more air time than it used to, but, it still doesn’t stop nearly two thirds of us not having one.

This is a very common question, because, sadly, so many of us die without making a will for one reason or another.

An up-to-date will written by a solicitor is the best way to ensure your wishes will be respected. It allows you to provide for your family and friends and leave a gift to your chosen charities too. It is also a chance to think about updating your will if you have not done so in a while.

We really do seem to have a reluctance to write a will in this country. According to recent research, around 60% of adults in the UK have not written a will. We may shrug it off as something we’ll “get around to” or “maybe someday” – but there is a very serious underlying issue. If you do not write a will, your estate is likely to be claimed by the Crown.

As the frenzy builds as to what the Chancellor’s Autumn Budget may contain, all eyes are once again on the property market.

The following blog came about following a recent experience with a client. They had used a will writing company to prepare a will around 10 years ago. Since then they have paid £18 per year to cover the ongoing costs associated with storing the will. However, nine days after the client signed the will, it was deposited with the Principle Probate Registry for a one off fee of £20. Once received the Registry issue a Certificate of Deposit of Will confirming that it is held by them.