October Budget: changes to pensions and the impact that has on those leaving 10% of their estate to charity
- Published
- Author
-
The implications of the budget will continue to be felt many months if not years into the future. The changes, as far as money purchase pensions, with value in them at the date of the pensioner’s death counting towards that individual’s Inheritance Tax estate, only comes in as of April 2027. For those who die […]
The Government’s October Budget 2024: Inheritance tax, Wills and those who need to review their Wills.
- Published
- Author
-
It is important to note that the changes which are discussed hereafter are ONLY applicable for those with certain types of Wills and certain types of assets, and that it is only relevant for those with such Wills and assets who die AFTER 6th April 2026. Before that time, the existing rules apply (which are not […]
What to consider from a legal perspective upon receipt of a dementia diagnosis
- Published
- Author
-
There are an estimated 982,000 people living with dementia in the UK, with this number anticipated to increase to over 1.4 million by 2040. One in two of us will be affected by dementia in our lifetime, either by caring for someone living with the condition, developing it ourselves, or both. Being in receipt of […]
Care Costs and paying for them – fact amongst the hyperbole
- Published
- Author
-
It is very easy to be led astray by headlines such as: “Hated Dementia tax is back as Labour threatens your home, savings and inheritance.” The reality is more nuanced and interesting – various governments have flirted with reform which could have lessened the impact of paying for care for much of ‘Middle England’ who […]
Assessing Mental Capacity
- Published
- Author
-
nat_B0m
Almost every aspect of life requires a decision to be made, whether subconsciously, or otherwise. Whether an individual has mental capacity is a key consideration for all legal advisors. To take instructions from a client, a practitioner must be satisfied that that individual has mental capacity, i.e. that they are able to make a decision. […]
DIY Wills and why they are a false economy
- Published
- Author
-
“Why should I engage a lawyer to prepare a Will when I can get one from a stationer for £20, or instruct a Will Writer for half the price of a legal professional?” Here’s why… Case law has established that a Will written on a napkin, or an eggshell is valid if it meets the […]
Feeling left out? The Inheritance (Provision for Family and Dependants) Act 1975
- Published
- Author
-
In England and Wales, you have the freedom to leave your property to whomever you choose upon your death. But what if your loved ones feel they’ve been left high and dry? The Inheritance Act 1975 (the Act) steps in to ensure fairness, allowing certain individuals to challenge a Will that doesn’t adequately provide for […]
I have a Will, so why do I need a Lasting Power of Attorney?
- Published
- Author
-
It is important to consider the potential consequence of not having a Lasting Power of Attorney (LPA) in place. Many assume that their spouse or in the alternative that their adult children will automatically have the authority to make decisions on their behalf. However, this is not the case, and without an LPA, those close […]
Will Beneficiaries, Claimants and Disputes
- Published
- Author
-
This article is NOT intended as information/ a guide as to how to bring nor and defend an action under the Inheritance Provision for Family & Dependants Act 1975 (‘IPFDA’75). What it is, however, is some thoughts on how to give instructions for the drafting of a Will by a professional, and indeed, the importance […]
Inheritance Tax Planning: Is Inheritance Tax in the near future likely to remain a threat to the goal of passing your estate on as intact as possible to your heirs?
- Published
- Author
-
Francis Fukuyama in his 1992 book “The end of history…” postulated that Western liberal democracy as a statement for government, underpinned by capitalism, represented the final perfection of government and social economic systems. This is the afterglow of their seeming victory, when viewed against the collapse of the alternative Soviet bloc style of government and […]