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If a person dies without an official Will, they are described as “intestate”. The deceased’s estate and finances are then subject to a set of statutory rules governing how the property will be distributed however, these are due for a little updating later this year, they were largely written in 1925.
Under the new rules coming into effect in 2014, a surviving spouse has a legacy of the first £250,000 of the estate and half the rest, with the remainder being divided equally between the deceased’s children. If the deceased was not married to a remaining spouse, the spouse can make a ‘dependant’ claim on the estate.
If the deceased has no spouse or children, the Intestacy Rules set out a formula for who can benefit. If the deceased has no living relatives then the estate will ultimately pass to the Crown as “Bona Vacantia” or ownerless property.
Not only does a Will have the obvious advantage of ensuring your assets end up where you want them to, it is crucial in protecting unmarried partners, appointing guardians for children and determining who should administer your estate by appointing Executors. Even if you have no close relations or friends you wish to benefit, you may well prefer to name your favourite charity as a beneficiary rather than see everything go to the Government!
Yes, in some circumstances. An application can be made to the Court of Protection. The Court to make a Will on someone’s behalf, if they no longer had the mental capacity to make a Will for themselves. This is known as a Statutory Will.
The Court emphasises that:
It will no doubt be comforting to some people that there are provisions in place to enable such decisions to be made - even those as important as making a Will - if they are no longer able to make one for themselves, the sensible advice is to keep your affairs including your Will under constant review.
Yes, beneficiaries of a Will or intestacy can alter or rearrange the deceased person’s affairs after their death by use of a Deed of Variation; relating to the Inheritance Act 1975, which allows for wills to be varied in the context of provision for family and dependents.
The main effect of a Deed of Variation is that the alteration made by the Deed is treated as having been made by the deceased person and not by the person giving up his entitlement. This means that the usual rules applying to lifetime gifts do not apply and the person giving up their entitlement does not have to survive seven years to avoid the gift being included in his estate for inheritance tax purposes.
In order for a Deed of Variation to make use of the intended inheritance tax advantages it must be completed with two years of the date of death and fulfil the following requirements:
Yes, there are two grounds on which a Will can be contested:
The 1975 Act defines categories of people who can challenge someone’s Will, if it fails to make reasonable financial provision for them. They are spouses, partners, children and those who have been financially supported by the deceased.
Whilst the law provides people with this opportunity to challenge Wills, there are a number of factors which must be taken into account by the Court before an award like this can be made.
If the Court finds that reasonable provision has not been made for the person seeking to challenge the Will, the Court will decide whether or not to exercise its powers, and to what extent, in order to make appropriate financial provision.
One thing that the Courts have made clear is that each case will turn on its own facts and it is therefore important that anyone facing difficulties in relation to this area of law obtains legal advice at the earliest opportunity.
The person making the Power of Attorney (the "Donor") trusts you to help them make and act on important decisions for them when they are unable to do so for themselves. It can be in relation to finances, medical decisions, or both. A Lasting Power of Attorney for Property and Financial Affairs deals with primarily financial matters - operating bank accounts, paying bills or dealing with a house sale. An LPA for Personal Welfare covers medical treatment and personal care and can include directions as to end of life care. The Donor can appoint one Attorney to act alone, or several to work together. It is possible to have different Attorneys for personal and financial matters but they need to be able to work together. It is also very important to involve the Donor in decision-making as far as possible.
What do I have to do?
In the most common situation you will need to take over running the finances of someone who is starting to struggle to cope on their own. Paying household bills, running their bank accounts and dealing with tax and benefit affairs. You will need to be well organised and keep careful records of what you've done. The overriding consideration is that you must act in the best interests of the Donor's at all times.
What can't I do?
Unless you are a professional Attorney such as an accountant or solicitor, you can't charge for being an Attorney but you shouldn't end up out of pocket either and any expenses you incur for the Donor like postage or phone charges should be reimbursed.
Being an Attorney is a position of very great trust and can be a time-consuming job but it allows you to provide crucial support that can be invaluable to a friend or relative when they are at their most vulnerable.
Many people choose to benefit a charity on their death, whether by leaving a cash legacy, a share in their residuary estate or simply by letting their loved ones know that they would prefer a memorial collection to a worthy cause rather than an elaborate floral tribute.
As well as the feeling of philanthropy, there are also significant tax incentives to encourage charitable giving. Any sums given to charity by will are exempt from inheritance tax. There has also been a recent change in the law intended to encourage charitable giving in Wills. Although the calculations can be rather complex, broadly speaking if you give more than 10 % of your total estate to charity, any inheritance tax on the rest of your estate would be charged at 36% rather than the usual 40%.
Posted by Mark Carlisle on June 22nd 2021 in All .
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Due to the latest update from the government from Tuesday 24th March our offices will be closed.
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Coronavirus/COVID 19 - UPDATE 19th March 2020
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Changes are likely to take place in this legislation over the next few weeks but it is worthwhile restating what...
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The government published the Countryside Stewardship (England) Regulations (SI 2020/41) on 22 January 2020. The Regulations allow the Countryside Stewardship...
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Septic tanks that discharge to surface waters in England should be upgraded or replaced by 1 January 2020.
The Environment Agency...
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Giving large sums of money as a gift, whether for a young person to buy a home or to a...
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Natural England has licensed and authorised 11 new badger control areas to begin operations within High Risk and Edge areas...
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The Daily Telegraph reported in April 2019 that local authorities had been granted approval by the Civil Aviation Authority to...
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In modern housing estates, the use of estate rentcharges has been a popular trend over the last 2 decades. For...
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The Department for Environment, Food and Rural Affairs (Defra) has published information about two Countryside Stewardship grants.
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Secretary of State at the Department of the Environment, Food and Rural Affairs (Defra), Teresa Villiers, attended Countryfile Live on...
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You may have heard ‘Parental Responsibility’ or ‘Parental Rights’ but often, when a family relationship is functioning, they are not...
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If the right of way in question is adpoted highway, then the highway authority will be responsible for its maintenance and...
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A huge well done to Tom Palmer from Colyford who was the winner of our competition at the recent Axe...
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On 19th June 2019, the government has confirmed that farmers and land managers in Environmental Stewardship (ES) and Countryside Stewardship...
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On the 11th June this year the Competition and Markets Authority or CMA announced an investigation into a potential breaches...
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On 20 May 2019, the Department for Environment, Food and Rural Affairs (Defra) has published guidance on stopping, disposing and...
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On 25 April 2019, Natural England is revoking three general licences for controlling 16 species of wild birds, following a...
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Labelled a “steal tax” by critics, the current flat fee of £215 (or £155 if applying through a solicitor) for...
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The news that the Government is thinking of planning on heavily amending Landlord’s rights to serve Section Notices on tenants...
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On 21 March 2019, Ofgem published Feed-in Tariffs: Essential guide to closure of the scheme. This guidance explains Ofgem's administration...
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One or two recent cases have emphasised that legal action can be taken against neighbours where the impact of the...
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Notices regarding change of ownership of rented properties - Tenants are not always aware that the identity of their Landlord...
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Resolution - First for Family Law
Relationship breakdown is devastating, but it doesn't have to be a battle. There is a...
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Reports have shown that:
48% of women have no idea what happens to pensions on divorce;
27% of...
Posted by Mark Ollier on December 7th 2018 in All , MOVING HOUSE.
Energy Performance Certificates When Letting Residential Property
Landlords should by now be familiar with the requirement to have a valid Energy...
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Government TB strategy review
The government’s 25 year bovine tuberculosis (TB) strategy, led by Sir Charles Godfray, has been published on...
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Poultry (including game birds): registration rules
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Some of us in the South West have endured the anguish of being stranded on an unlit road in the dark...
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Asian hornet: UK sightings in 2018
The government has confirmed that there have been 13 confirmed sightings of the Asian hornet...
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Choosing a Solicitor?
As a regular subscriber to Which magazine, I was immensely gratified to see the booklet enclosed which their...
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Having agreed that you want to take on new commercial premises, you need to think next about the length of...
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The Department for Environment, Food and Rural Affairs (Defra) has announced plans for a review and potential expansion of the...
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We have seen a recent trend where both Landlords and Tenants attempt to negotiate and complete new commercial leases especially...
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The 2018 National Rural Crime Survey, of crime and anti-social behaviour in rural communities across England and Wales, is now...
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Landlords should consult with residential leaseholders before either carrying out works above a certain value to a building, or entering...
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New angles to the GDPR legislation arise every week. One of the issues affecting the property market is the role...
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The government is committed to eradicating bovine TB and sees badger culling as central to that policy, as highlighted in...
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Basic Payment Scheme deadline looms
The application deadline for the Basic Payment Scheme (BPS) 2017 is midnight on 15 May 2018....
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As you may be aware, Japanese Knotweed is an invasive species in the UK, which although superficially attractive, causes major...
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The excesses and expense of boundary disputes never seem too far away from our national press. Often we scoff at...
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The next 12 months will be a challenging time for buy-to-let investors as tax changes take effect, the stamp duty...
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Emma Northover, a Partner in the Litigation Department, and her Senior Solicitor colleague, Stephen Fisher Crouch, are both recognised as...
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Robert Mitchell, one of Beviss & Beckinsale's Private Client Solicitors based at our Honiton Branch, has been writing about making...
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This week the Supreme Court will...
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Emails – curse of the modern legal world?! – so say the Judges
Judges should be able to prevent litigants in...
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Divorce rate continues its downward trend
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Introduction
If you are considering allowing horses onto your land it is important to seek legal and tax advice. You should...
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Shared ownership continues to be an attractive option for many people with the price of a home now unaffordable for...
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A Tribunal case has been reported about using a residential flat for Airbnb accommodation. In this case a Lease contained...
Read MorePosted by Mark Ollier on July 19th 2016 in All , MOVING HOUSE.
Where a bank allowed mortgage debtors to sell their family home to pay off part of their debts and buy...
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In a case that is being keenly followed by the charity sector, a disputed will has recently been sent to...
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Some important new rules have been introduced concerning Assured Shorthold Tenancy Agreements (ASTs)for residential properties. These rules came into force...
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A new law has come into force which removes the £5,000 cap that used to limit the maximum fines magistrates...
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A new digital service will allow people charged with minor motoring offences to make a plea online at a time...
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UK owners of property owned in Europe can sleep a little easier tonight after two key decisions in relation to...
Read MorePosted by Mark Ollier on March 23rd 2015 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.
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June 2015 is one of the dates after which firms (in this case with fewer than 50 workers) will begin...
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Almost all Judges in England and Wales believe that their working conditions have worsened over the past 5 years, the...
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The number of houses being built in the UK fell during the final 3 months of 2014, the first such...
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The Law Society of Ireland has announced that female Irish Solicitors now outnumber Irish male Solicitors practising in the Republic.
Our...
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We are certain that all of our clients are now familiar with the requirement to provide an Energy Performance Certificate...
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We advise all of our clients who are purchasing properties to visit the property on the ground with the Land...
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Heading towards the depths of winter prompts me to write on the subject of flooding. Law Society guidance highlights the...
Read MorePosted by Mark Ollier on February 11th 2015 in All , COMMERCIAL PROPERTY, SERVICES FOR BUSINESSES.
There is a new case on landlords repairing obligations that you need to know about. Edwards v Kumarasamy.
Mr Edwards was...
Read MorePosted by Victoria Emmett on February 11th 2015 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.
HM Courts & Tribunal Service have made available for public viewing 41 million wills which date back to 1858. You...
Read MorePosted by Mark Ollier on February 9th 2015 in All , COMMERCIAL PROPERTY, MOVING HOUSE, SERVICES FOR BUSINESSES.
All letting agents and property managers need to know that from 1 October 2014, you must belong to one of...
Read MorePosted by Mark Ollier on February 2nd 2015 in All , MOVING HOUSE.
If you are a Landlord of a property where you took a deposit and the tenancy went “periodic” before the...
Read MorePosted by Mark Ollier on January 26th 2015 in All .
More than 80% of clients seeking helping from Citizens Advice say they would be put off going to an Employment...
Read MorePosted by Zoe Gaitskell on January 19th 2015 in All , FAMILY.
The growing volume of what are called “litigants in person” has been politically sensitive since much of Family Law was...
Read MorePosted by Frances Griffiths on September 30th 2014 in All , COMMERCIAL PROPERTY, SERVICES FOR BUSINESSES.
In a case which underlines the need for both full and accurate disclosure of potential liabilities when selling a business,...
Read MorePosted by Victoria Emmett on September 30th 2014 in All , WILLS, TRUSTS AND ESTATES.
It is not a well known fact that, beneficiaries of a will or intestacy can alter or rearrange the deceased...
Read MorePosted by Mark Ollier on September 30th 2014 in All , MOVING HOUSE.
With interest rates still at an all time low but with the possibility of increases in interest rates likely over...
Read MorePosted by Liz Heron on September 30th 2014 in All , WILLS, TRUSTS AND ESTATES.
I haven’t got a Will – what happens when I die?
It is estimated that in the UK only one in three adults have...
Read MorePosted by Mark Carlisle on September 30th 2014 in All , COMMERCIAL PROPERTY, SERVICES FOR BUSINESSES.
Paying for commercial premises often represents the lion’s share of operating costs for most new businesses. Not many new businesses...
Read MorePosted by Victoria Emmett on September 30th 2014 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.
At Beviss & Beckingsale we are always asking our clients how they feel we can improve our services and, yes,...
Read MorePosted by Emma Northover on September 30th 2014 in All , DISPUTES AND CLAIMS, POWERS OF ATTORNEY AND THE COURT OF PROTECTION.
There is always the temptation in life to try and save money but equally, there is the well known saying,...
Read MorePosted by Victoria Emmett on May 27th 2014 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION.
The door appears to have finally slammed shut on a family’s attempt to obtain Business Property Relief (BPR) from Inheritance...
Read MorePosted by Mark Ollier on May 7th 2014 in All , MOVING HOUSE.
Do you have a Right to Buy your home and obtain a discount of up to £75,000?
The Government’s Right to...
Read MorePosted by Emma Northover on April 24th 2014 in All , DISPUTES AND CLAIMS.
The Court of Protection is the part of the Court which is designated with the task of looking after the...
Read MorePosted by Frances Griffiths on April 2nd 2014 in All , MOVING HOUSE.
Making improvements (particularly to improve energy efficiency) to your home can add value but in some cases failure to obtain...
Read MorePosted by Zoe Gaitskell on April 2nd 2014 in All , FAMILY.
A pre-nuptial agreement is a contract entered into between two people prior to their marriage confirming how their assets will...
Read MorePosted by Liz Heron on April 2nd 2014 in All , WILLS, TRUSTS AND ESTATES.
We are often asked to prepare Lasting Powers of Attorney on behalf of clients. However, it can also be a daunting...
Read MorePosted by Zoe Gaitskell on February 12th 2014 in All , FAMILY.
It is a fundamental principle of company law that a company has a separate legal personality from its members. People therefore...
Read MorePosted by Mark Carlisle on February 12th 2014 in All , COMMERCIAL PROPERTY.
What is a Break Clause?
A break clause allows either a Landlord or a Tenant (normally the Tenant) to bring a...
Read MorePosted by Victoria Emmett on February 12th 2014 in All , WILLS, TRUSTS AND ESTATES.
It is reported that there has been an increase in the number of families facing an inheritance tax bill on...
Read MorePosted by Victoria Emmett on February 12th 2014 in All , WILLS, TRUSTS AND ESTATES.
The England & Wales Court of Appeal has ordered that a clerical error in the signing of Wills by a...
Read MorePosted by Mark Ollier on February 12th 2014 in All .
An application for change of use of a property from agricultural to residential was recently turned down because the applicant...
Read MorePosted by Liz Heron on December 18th 2013 in All , WILLS, TRUSTS AND ESTATES.
Although for most of us there is truth in the saying that “Charity begins at Home”, many of our clients...
Read MorePosted by Mark Ollier on November 8th 2013 in All , SERVICES FOR BUSINESSES.
One of the hallmarks of the last few years has been the enthusiasm of clients to purchase or start new businesses...
Read MorePosted by Paul Watkins on October 25th 2013 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.
In the summer of 2010 Mrs B was admitted to hospital following a fall in which she suffered a fractured...
Read MorePosted by Victoria Emmett on September 6th 2013 in All , WILLS, TRUSTS AND ESTATES.
High care home fees risk leaving the elderly with little or nothing to bequeath to loved ones in their wills,...
Read MorePosted by Zoe Gaitskell on September 6th 2013 in All , FAMILY.
Changes in private family law proceedings in respect of children are in the process of being made which are intended...
Read MorePosted by Zoe Gaitskell on September 6th 2013 in All , FAMILY.
Newly-divorced parents should take care when taking their children abroad on summer holidays warns our Partner Zoe Gaitskell. “Parents could...
Read MorePosted by Mark Ollier on September 6th 2013 in All , DISPUTES AND CLAIMS.
An employer who required her live-in housekeeper to not get pregnant has been ordered by an Employment Tribunal to pay...
Read MorePosted by Mark Ollier on August 29th 2013 in All , COMMERCIAL PROPERTY.
A recent study by the Electrical Safety Council (ESC), ‘Landlords Risking Lives and Livelihoods By Ignoring Electrical Safety’, that was...
Read MorePosted by Mark Ollier on August 29th 2013 in All , COMMERCIAL PROPERTY, MOVING HOUSE.
There is no doubt that the Government’s Help to Buy Scheme is promoting a great deal of activity in new...
Read MorePosted by Frances Griffiths on August 20th 2013 in All , MOVING HOUSE.
In the current difficult economic times and with the unwillingness of most banks and buildings societies to loan much more...
Read MorePosted by Emma Northover on July 23rd 2013 in All , DISPUTES AND CLAIMS.
Everyone knows that it is important to make a Will and to keep it under review but like catching up...
Read MorePosted by Mark Ollier on July 3rd 2013 in All , DISPUTES AND CLAIMS, SERVICES FOR BUSINESSES.
The high profile dispute involving the winner of the popular TV show “The Apprentice” highlights how important it is to...
Read MorePosted by Victoria Emmett on July 3rd 2013 in All , WILLS, TRUSTS AND ESTATES.
A major principle, on which the legal system in England and Wales relies, is that any communication between a client...
Read MorePosted by Frances Griffiths on July 3rd 2013 in All , MOVING HOUSE.
Unoccupied and unfurnished property – the current 100% exemption for up to 6 months has been abolished. Instead you will get...
Read MorePosted by Frances Griffiths on July 3rd 2013 in All , COMMERCIAL PROPERTY, MOVING HOUSE.
In June 2013, the agreement between the insurance industry and the Government, “The Flood Insurance Statement Of Principles Agreement” will...
Read MorePosted by Mark Ollier on July 3rd 2013 in All , COMMERCIAL PROPERTY.
When a Landlord wants to carry out works and the cost of completing them will be charged to the Tenants...
Read MorePosted by Victoria Emmett on November 12th 2012 in All , WILLS, TRUSTS AND ESTATES.
Dealing with the death of a relative is stressful enough, without the added stress of a long drawn out winding-up...
Read MorePosted by Mark Ollier on August 9th 2012 in All , MOVING HOUSE.
Lying to the east of Exeter beyond Whimple lie green fields upon which a gigantic construction project is altering the...
Read MorePosted by Mark Ollier on July 31st 2012 in All , MOVING HOUSE.
Should the law just be about solving problems and dealing with the bad things in life, or should it also...
Read MorePosted by Mark Ollier on June 6th 2012 in All , COMMERCIAL PROPERTY, MOVING HOUSE.
Do I need a survey?
Your home is probably the most expensive and important purchase you
will every make and...
Posted by Mark Ollier on May 10th 2012 in All , DISPUTES AND CLAIMS, MOVING HOUSE.
When a plan is attached to a conveyance, it is often marked ‘for identification purposes only’ in order to ensure...
Read MorePosted by Emma Northover on June 10th 2011 in All , DISPUTES AND CLAIMS.
A loved one has died, but left you nothing. Can you do something about it? Maybe. The will might be...
Read MorePosted by Zoe Gaitskell on August 17th 2010 in All , FAMILY.
Collaborative family law is a new approach to negotiating and settling issues arising predominately from divorce or family separation. Its...
Read MorePosted by Mark Carlisle on January 18th 2010 in AGRICULTURAL AND RURAL AFFAIRS, All .
Ever thought about the land under your feet? Do you know the history of the land surrounding your house? More...
Read MorePosted by Mark Ollier on February 26th 2009 in All , MOVING HOUSE.
In the current difficult economic times and with the unwillingness of most banks and buildings societies to loan much more...
Read More