Most people will be aware that if Inheritance Tax is payable in an estate, then the Executors have to arrange payment. However, not everybody appreciates that an Executor is personally liable to pay the Inheritance Tax in an estate. HMRC require the Executors, or Administrators, of an estate to report accurately, all the assets and…

“Live as though you will die tomorrow, but farm as though you will live forever.” – John Marsden “…But always remember that you might not.” – Martin Reynolds Readers are (or should be) already familiar with me urging owners and directors of companies to consider creating Lasting Powers of Attorney so that the continued running…

If you have lost someone close to you during this pandemic then, like me, you may find it particularly difficult hearing the statistics on the news about the number of deaths from COVID-19 and the number of new cases. To us, it has nothing to do with numbers, and everything to do with losing that…

Strict rules have been in place surrounding signing and witnessing Wills in England and Wales, since 1837, primarily to protect the vulnerable and to prevent fraudulent Wills. The legislation in the Wills Act 1837 stipulates that a valid Will must be signed by the person making the Will, and their signature must be witnessed by…

In the latest of our contentious probate newsletter articles we discuss grants of probate (“grants”) and caveats. It is wrongly assumed that a grant cannot be issued where a caveat is in place. Although rare, there are actually a couple of limited scenarios whereby a grant can be issued.  The types of grant which can…

This is a term which people often use very loosely, and often think is very easy to do: but changing a name on the title deeds is something which should be approached with extreme caution. The issue usually arises after someone has passed away; but often, during their lifetime, the owner of a property or…

You may be acting as the Executor of a deceased person’s Will, in which case you will be responsible for winding up the deceased’s estate and carrying out the terms of their Will. If the estate includes a property, then it will be your responsibility to sell the property unless the beneficiaries under the Will…

This article deals with those who act in a representative capacity for a house owner, as their attorney or deputy. Selling under a Power of Attorney It is important to be aware of the extent of your powers, which will be defined by the type of Power of Attorney you have, and any specific directions…

The programme is based on the work of probate detectives trying to find an eligible relative for a surprise inheritance. So why did 55,000 estates last year pass to the Bona Vacantia Division of the Government? Simply because the deceased failed to make a Will and did not leave any eligible relatives. If you do…

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