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What happens to my Will if I get divorced?

Under current legislation in England and Wales, divorce does not revoke your Will. Once the divorce or civil partnership dissolution is finalised, your Will remains valid, but your ex-spouse is treated as having died during your lifetime.

What changes are being made to APR and BPR?

What is Agricultural Property Relief (APR)? APR is a type of IHT relief which reduces the amount of tax that farmers and landowners must pay when farmland is passed down to their next generation. What is Business

What happens if a beneficiary cannot be found?

When someone dies, their estate must be distributed to the relevant beneficiaries. This will either be the beneficiaries named in a valid Will, or, if not, on the application of the Rules of Intestacy. The Personal Representatives (PRs)

Dealing with the Estate of Someone Who Has Died

Who can deal with a deceased persons estate?  The Personal Representatives are responsible for dealing with the estate. Where a valid Will exists, the Personal Representatives are the Executor(s) appointed in the Will. In the absence of

Can I give my house to my children before I die?

There are various points to consider before gifting your property to someone else, including but not limited to: deliberate deprivation, gift with a reservation of benefit and potentially exempt transfers. What is Deliberate Deprivation of Assets? This

What is an Advance Decision?

An Advance Decision is a statement of instructions about what medical and healthcare treatment you want to refuse in the future, in case you lose mental capacity to make these decisions. It only applies to refusing specific

How do I include my step-children in my Will?

When writing a Will, the term ‘my child’ or ‘my children’ does not automatically include step-children, it only includes biological children and formally adopted children of the person making the Will. If you wish to include step-children,

Free Wills Month

Johnson Astills are pleased to announce that we are taking part in Free Wills Month during October 2024. Free Wills Month brings together a group of well-respected charities to offer members of the public the opportunity to make simple Wills

What is Mental Capacity?

Mental Capacity is the ability to make and communicate a particular decision. You must understand the decision you need to make, why you need to make it and the likely outcome of the decision. At any time

What Is a Letter of Wishes?

A Letter of Wishes is a document that can be used to guide your Executors and Trustees when managing your estate after your death. A Letters of Wishes is generally used in two circumstances: Alongside your Will

What is a Legacy Contact?

A Legacy Contact is a person you can choose to access your accounts (e.g. Apple, Instagram or Facebook) after your death. This gives the nominated person access to certain elements of your account and allows them to

What is a Grant of Representation?

When someone dies, in order to access assets held with financial institutions, sell assets, and even pay any debts that the deceased held on their death, a legal document known as a Grant of Representation is required.

Free Wills Month

Johnson Astills are pleased to announce that we are taking part in Free Wills Month during October 2023. Free Wills Month brings together a group of well-respected charities to offer members of the public the opportunity to

Can I Leave Gifts to Minors in My Will?

People often want to leave money or gifts in their Will to children or grandchildren. There are different ways in which you can do this, and it is important to consider how you want to leave your

Can I Leave Cryptocurrency In My Will?

Cryptocurrency is becoming more and more common in the investment market with at least 4.2 million people in the UK currently owning it in some form or another. You may choose to leave your digital assets to

Life Interest Trusts in Wills

What is a Life Interest Trust? A Life Interest Trust is a Trust included in your Will and can be a way, in certain situations, of protecting your share of your house for future generations after you

Pensions and Life Insurance Policies?

When making or reviewing your Will and your Inheritance Tax position, considering how you hold your pension and Life Insurance Policies is very important. At Johnson Astills, we provide a comprehensive Will writing service and place great

Impact of divorce on Wills & LPAs

According to the latest figures the current rate of marriages ending in divorce in the UK is 42%. When going through divorce proceedings it is important to review and consider your Wills and Lasting Powers of Attorneys,

The Importance of Making an LPA

In a recent study sent to the Ministry of Justice it has found that during the pandemic there has been a significant reduction (26.5%) in the registration of LPAs for both Health and Care and Property and

What is a Life Interest Trust

A Life Interest Trust is created by a Will and is commonly used by married couples as a way of protecting each other’s respective share of the property on first death. Situations where this may be appropriate

Appointeeship – What is an Appointee?

An Appointee is an individual/organisation registered with the Department for Work & Pensions (DWP). The nominated Appointee is allowed to receive another person’s benefits when they are unable to manage their finances. This could be due to

Managing affairs for a missing person

The Guardianship Act was bought into power in 2019 to help families deal with the affairs of a missing loved one. Prior to this act being bought in, the only way to deal with a missing person’s

Witnessing Wills online

Since the pandemic and subsequent lockdown in March 2020 the demand by individuals wanting to create a Will increased and solicitors have been challenged with finding new ways to ensure that Wills are witnessed and executed correctly

Do I need a solicitor for Probate?

When an individual dies, there will often be assets that need to be dealt with, for example, a property, shareholding or bank account. Some assets can be dealt with without a Grant of Representation but others, particularly

Managing the Affairs of Elderly or Vulnerable Relatives

Families with elderly or vulnerable relatives will often need to assist with or sometimes even take control of that relative’s property and financial affairs. The easiest way to organise this is for Lasting Powers of Attorney to