News & Legal Updates

1. “I am appointed as an Executor so I have to act” If you are appointed as Executor under a Will you are not obliged to accept the role. If you do not wish to act, the process to be carried out depends upon whether you are appointed as the sole Executor or, instead, are appointed to act with someone else. If you are appointed as...

As a nation of animal lovers, it is perhaps surprising that, when considering our personal affairs and assets, it is likely that our home, bank accounts, shares and other financial aspects will be the first things that spring to mind.  But what about a family pet? What happens in the event of the death of its owner, and can specific provision be made for a pet? 

If you have managed to watch, or like myself, re-watch all of the Downton Abbey drama you will no doubt remember one of the series most shocking events (warning: spoilers ahead!).   Lady Mary’s husband, Matthew, died in a tragic car accident on his way home from meeting his newborn son at the hospital. There is … Continue reading "Why Downton Abbey taught me to have a Formal Will in Place"

Estate planning during your lifetime is sensible.  It affords you the opportunity of considering the various strategies which may be employed to mitigate any inheritance tax which may be payable on your death.  One strategy clients often wish to consider is simply giving away or “gifting” property (including cash) during their lifetime.  Whilst it may … Continue reading "Lifetime Gifting: A cautionary tale"

Unless you have been on an extended and rural staycation, you will likely be aware of the “#freeBritney” campaign and the regular updates on Britney Spears’ conservatorship.   Where Britney has been actively trying to remove her father, who has a court-ordered agreement to control her personal and business affairs since 2008. He has recently stepped down from his role as a conservator...

With an estimated 6.9 billion searches per day, Google is the largest search engine provider in the world. With so much information readily available at the click of a button, it’s no wonder the most common thing people do when looking for information about another person is an online search. With a number of other search engines available such as Yahoo and Bing, the number of searches that can be done on a person are endless and for anyone who has received unfavourable press or social media coverage, these search results can be problematic...

It is fair to say that, as solicitors dealing with bereaved clients, it is not uncommon for us to be asked about the estate ‘winding-up’ process and, in particular, obtaining Confirmation.  Often, clients tell us they have had no prior involvement with this, and they look to us to guide them through this sensitive process.  To do this, we find it helpful to break the process down into important ‘milestones’ so, instead of being bombarded with the overall process, clients can view each milestone of the process separately with the completion of one milestone leading on to the next...

Whilst most people have heard of a Power of Attorney, many still disregard its benefits due to certain misconceptions about what Powers of Attorney are and what they mean. So let’s bust some myths!

Confirmation is a document granted by the Court which legally “confirms” the Executors appointed in the deceased’s Will, or, if the deceased died intestate (without leaving a Will), the Executor(s) who are appointed by petition to the Court under the Laws of Intestate Succession in Scotland. In England Confirmation is called Probate...

There are a number of widely held misconceptions regarding Powers of Attorney: I don’t need a Power of Attorney; my ‘next of kin’ can deal with everything automatically; my assets aren’t worth much; they are only needed by those in the “later stages” of their lives. These statements are simply incorrect. Powers of Attorney are for everyone at every stage of their lives.