Delays in the probate system have hit the headlines of late, with bereaved families having to wait many months to obtain a grant of probate – a stark contrast to the 16 weeks the Government says the application should take. Adding to this,...
The latest analysis of Ministry of Justice data shows there’s been a 65% increase in year-long probate cases. The delays continue to cause significant emotional distress and financial losses for families who are already facing a difficult time in...
Buy-to-let properties have become a common feature of many people’s investment portfolio, and so it is becoming increasingly common for executors to have to deal with a rental property in an estate after someone has died. If you have been asked to be...
If you are helping a loved one who is ill or vulnerable in their later life, whether formally or informally, there are various bodies that you might encounter with whom you will need to liaise to assist you with your loved one’s affairs. In this blog...
Carrying out the duties of an executor is both a privilege and a burden. You have been tasked with ensuring that someone’s wishes are carried out after their death, and this can often be more complex and take longer than you imagine. Some...
When dealing with the administration of an estate, distributing the gifts is one of the final stages. It is important that executors do not make distributions too soon, to protect themselves and the estate against debts or claims. Executors are advised not...
Being an executor is an important role and a serious responsibility. Even a simple estate can be more difficult than many people realise and you should ensure that you understand the role and are willing to take on the responsibility before starting to act. ...
On 26 July 2023, the law changed to increase the “statutory legacy” in intestate estates. Statutory legacy is the amount of money a spouse or civil partner is entitled to receive when a person dies without a Will. What is...
The role of a deputy is similar to that of an attorney. If you are acting as an attorney, this will be because the person you are acting for specifically chose you to act and they made a document called a ‘power of attorney’ at a time when they...
While financial assets can be divided relatively easily when settling an estate, this is not usually possible with heirlooms such as a painting, a piece of furniture or individual pieces of jewellery. Even if items are not valuable, such items may be the...
Probate is a term which is loosely used to cover the administration of an estate, and it has a reputation for being a lengthy process. The administration includes a number of key stages, including obtaining the grant of probate, paying out to beneficiaries,...
Royalty payments are often earned from creative activities such as writing a book or composing music, but they can also be earned from a patent or brand licensing, or from a franchise or even licensing of mineral rights. While some arrangements may...
Acting as an executor means that you are responsible for reporting the value of the estate and declaring any inheritance tax due, so it is important to make sure you follow correct procedures. Since January 2022, new rules apply in respect of reporting...
There are issues with some companies who offered pre-paid Funeral Plans and indeed one company, ‘SureHands’, has collapsed with many people not knowing whether they will have their money returned. The same looks now to be happening with Probate...
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...
The Ministry of Justice recently announced all users of the probate service will pay a single, flat rate fee of £273, following its consultation in 2021. Currently, fees are £155 for professional users and £215 for non-professional users....
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,...
Born in Greece and educated in France and Germany before coming to the UK, at his death in April of this year Prince Philip reportedly left a multi-million-pound estate which includes assets overseas. The administration of those assets, and therefore his...
Relying on the concept of ‘next of kin’ – when is this enough? 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,...
If you are someone’s executor , then it can be tempting to try to administer the estate yourself with a view to saving money. If the estate is simple and you are comfortable with the legal and tax regulations, then this may be straightforward. ...
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...
In March 2019 a colleague in our Private Client team reported on the Government proposal to increase the Probate Registry fees required to obtain a Grant of Probate . The proposals were to replace the fixed fee of either £215 (without a Solicitor) or...
It is widely acknowledged that cuts to the Ministry of Justice budget have resulted in a creaking court system. The family courts are under particular strain. Cuts to the Legal Aid budget have filled the courts with litigants in person – people...
AGE UK has produced a Briefing on Health and Care of Older People in England 2017 This is a very comprehensive review of demographics, social care and health services in relation to older people. There is also a useful summary of these facts and figures...
There is a Petition available for people to sign to reconsider the proposed significant and unreasonable increase in probate fees. The current fee for all estates is 155. The change mean fees on 42% of estates will increase by 2 to 129 times, payable even...
The BBC has republished an online guide to care, which details the costs people face wherever they live in the UK. Crombie Wilkinson Solicitors have specialist solicitors who can provide later life advice, including making a Will and LPA's, Long Term...
The Information Commissioner's Office (ICO) has recently imposed fines on several organisations for data breaches: Hampshire County Council was fined 100,000 for failing to implement effective contingency plans to protect personal data when...
The decisions and plans you make now will have a huge impact on your later life. Getting them right is essential. An SFE accredited lawyer is an expert in older client law and will ensure you get the best possible legal advice for your future. Sharon...
86% of people in the Yorkshire and the Humber are currently living with no control over important later-life decisions around their housing, assets, heath, and care, according to a new report by SFE (Solicitors for the Elderly), the national organisation...
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