Delays in the process of setting up lasting powers of attorney (LPA) are causing considerable stress and expense for thousands of families, according to a report in the Times newspaper. An LPA is a legal arrangement that enables you to authorise someone you trust to make decisions on your behalf should you lose mental capacity
A grandmother’s will, which led to a family dispute over the ownership of her flat, has been upheld by the High Court. The grandmother had originally intended to leave the flat to her daughter and granddaughter and had written this into her will. When she was 90 years old, she moved in with them because
Nearly two out of three people in the UK haven’t made a will and so risk creating a financial nightmare for their families, according to new research. The survey suggests that many people don’t make a will because they feel uncomfortable about discussing death and their dying wishes. However, there is a great deal at
An extended family have been able to rectify a trust document which would have prevented them benefiting in the way intended when the settlement was first drawn up. The case involved a farming business. The shares were originally held by a husband and wife team in the 1970s. The couple put a number of shares
The rising value of houses could turn inheritance tax into a major issue for thousands of families across the UK The problem is that the inheritance tax threshold has been frozen at £325,000 until 2018; by that time, house prices are expected to have risen by 25% It’s likely therefore that many people will
A father’s will has been declared valid despite a challenge from his daughter who was disinherited. The father had two sons and a daughter. After his wife died he went to live with one of his sons and his daughter-in-law. He transferred the proceeds of the sale of his house to his son. He later
A woman’s will has been declared invalid after a court ruled that it had been forged by her son. The woman originally made a will in 1999, stating that she intended to split her estate equally between her two children. The son claimed the mother made a new will while she was dying from cancer
Setting up a simple trust relating to his mother‘s home has saved a man and his wife several thousand pounds in capital gains tax. The case involved a woman who sold her house in 1996 to her son and his wife on condition that she was allowed to continue living there for the rest of
The High Court has upheld a 91-year-old woman’s will even though she was suffering from dementia at the time it was made. The law requires that when making a will, a person must have testamentary capacity – that is, they must fully understand what they are doing and the consequences of their decisions. However, in
If you have a will it is worth reviewing it on a regular basis, just reading it once a year and talking it over with your legal advisor can ensure that you keep it up to date and have in place a will that accurately reflects your wishes. It is not uncommon to see cases