News and Blog

Government sets out next steps for opposite-sex civil partnerships

The consultation will seek public opinion on giving opposite-sex couples an opportunity to convert their marriage into a civil partnership, and then bringing all conversion rights to an end. Providing a period for conversion will allow opposite-sex couples the opportunity to access the legal relationship that was not previously available to them......

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Annual Trust Minutes

In line with the increased aging population and the strain that this is putting on local Authorities to fund care in old age........

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High court must decide order of death of elderly couple found dead in their home

The estate of an elderly couple who were both found dead in their own home is being disputed by their stepdaughters in the England and Wales High Court, with the point of contention being which of the couple died first...........

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Silver Clouds and Thy Will Be Done’s Response to HM Treasury Announcement on Future Funeral Plan Regulation

As established and trusted funeral plan providers, thy Will Be done in association with Silver Clouds Later Life planning welcome the announcement by HM Treasury on 2 June 2019 to establish greater regulation of the funeral plan market....

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DIY wills blamed for wave of probate disputes

The number of inheritance disputes heard in the High Court increased from 227 in 2018 to 368 in 2019. The rise is largely fuelled by the popularity of DIY wills, which are often riddled with errors and omissions.......

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Probate Fees Shelved Until Parliamentary Season Starts Again

The Non-Contentious Probate Fees Order has been shelved for the summer recess as the House of Commons concluded their governmental business on the afternoon of Thursday 23rd May.........

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The Financial Times - Setting up a lasting power of attorney

Is setting up a “lasting power of attorney” on your financial to-do list? If you’ve been asked to look after a friend or relative’s affairs, know what the process involves.........

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Digital Assets and what you wish to happen to them after your death.

The term "digital assets" refers to the possessions you access on a digital device such as a laptop, mobile phone, tablet or personal computer.......

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Banking and utilities staff told how to deal with England and Wales powers of attorney

The UK government has issued guidance advising the staff of financial services and utility companies how to deal with customers whose decisions are taken for them under a financial affairs power of attorney (PoA) or deputy court order....

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Probate fees order now looks likely to be made law by the Autumn of 2019

The proposed order that was due to become law in April this year has a number of technical issues contained within it that would allow many estates to avoid paying any fees.......

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Response to Harry Brennan at the Sunday Telegraph re piece on 5th May2019

It would appear that Mr Brennan simply couldn’t find anything even vaguely newsworthy to write about this week so took space in a national newspaper to write a complete non-story about a little firm in worthing only serving the Sussex area......

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OPG Aiming To Reduce Average Age Of LPA Users .

Despite the fact that the uptake in Lasting Power of Attorneys (LPA) has grown exponentially in recent years, the Office of the Public Guardian (OPG) is looking to educate more people into the importance of safeguarding their personal and financial circumstances if they lose capacity......

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Warning - Daily Telegraph giving incorrect information on property Trusts

On Sunday, Harry Brennan, personal finance reporter for the Telegraph, wrote an article for the Sunday Telegraph advising people to be careful when looking to set up Trusts. Anyone setting up a Property Trust should run a mile if the company organising it requests or demands that they be a Trustee, however......

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Prince’s Heirs Dispute Exorbitant Fees Charged By Professional Administrators

Three years after the legendary ‘Purple Rain’ singer’s death, the estate of Prince remains in dispute, unsettled and haemorrhaging vast amounts of money to professional administrators..........

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Judge’s Fundamental Right To Sex Comment Overshadows Complex Capacity Case

A recent Court of Protection case has highlighted the difficulty in clearly defining a marriage when one partner loses capacity.........

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Charities Plea To Ministry of Justice For Alternative Proposal On Probate Fees

Charity bodies have written to the Ministry of Justice urgently seeking an alternative proposal on the probate fees by asking for a reduced or discounted rate on fees for estates that include legacy gift........

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Lords Push For Cohabiting Couples Increased Rights

The House of Lords are calling for increased rights for cohabiting adults, especially cohabiting siblings as the Cohabitation Rights Bill swept through the House of Lords for a second reading.........

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Will Writers Urged To Advise Clients About Historic Policies

Over half of the population could be naively handing their inheritance to the wrong person. 54% of the population are unaware that their pension policy will be passed down to the person named on the policy, even if an updated will says otherwise.........

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Property trusts, deprivation of capital and notional capital

If an individual makes a gift or other transfer of value it does not mean that the asset will always be ignored in an assessment of the donor's financial resources for care costs.........

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Landmark Case Could Make Access To Digital Assets Easier

The true ownership of digital assets have been difficult to ascertain but a recent case in the USA may have provided some clarity on what a person owns in the digital realm........

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£77 Million Worth Of LPA Refund Scheme Still Unclaimed

It has now been over a year since the Office of the Public Guardian (OPG) set up a refund scheme for overcharged families that applied for a lasting power of attorney between 2013 and 2017. During this time, it is estimated that around 2 million people were overcharged by £89 million during the application process..........

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Karl Lagerfeld’s Cat Set To Inherit £150 Million

Prolific fashion designer, Karl Lagerfeld, who worked for Chanel for over thirty years, has died aged 85, leaving the majority of a fortune worth a reported £150 million to his beloved Persian cat, Choupette.......

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OPG pilots mediation service for LPA donors and attorneys

The Office of the Public Guardian (OPG) is piloting a mediation service to protect LPA donors who may be caught in the middle of a family dispute to the potential detriment of their health, welfare and best interests. The pilot includes face-to-face mediation supervised by independent, experienced, and skilled mediators as well as other means of accessing the service. All parties must agree to mediation. The pilot is not being offered where there is clear evidence that the donor has been abused (where the matter must be referred to the Court of Protection) or where there is evidence of criminality so that the police must be involved. Twenty cases have been submitted to mediation so far and the pilot will continue until summer 2019. If the pilot is deemed to be successful the OPG will seek to introduce it long term.......

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Public Bewildered By Lasting Power Of Attorney

Recent figures that have been released by the Office for National Statistics (ONS) reveal that record numbers are now applying for lasting powers of attorney (LPAs)......

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Can I put my mortgaged property into trust?

If your property has a mortgage on it - don’t worry you can still protect it with a Trust........

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