When people make a Will, they do this to ensure that their estate passes to their chosen beneficiaries. Something that is often not considered is what would happen to a person’s estate if all of their nominated
When a property is owned by two or more people, it can be owned in two different ways – joint tenants or tenants in common. The way in which you own your property can determine how it
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.
Under current legislation, if you have prepared a Will and then subsequently get married, or enter a civil partnership then this automatically revokes (cancels) your existing Will. There is an exception if the Will is drafted in
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
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)
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
How long are the Probate Registry taking to issue a Grant of Representation? HMCTS have recently confirmed that Probate Registry wait times, for straight forward applications, for a Grant of Representation have more than halved. The average
Why do I need to update my Will? It is important to make sure that your Will reflects what you would want to happen to your estate if you were to die now. This way, it gives
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 Executor? An Executor is someone who is legally responsible for carrying out the instructions in your Will and handling your estate. Your estate is everything you own upon your death – this includes money,
I don’t own a home or have any savings, why should I make a Will? Whilst you may not own your own home or have significant savings or investments to leave to your loved ones in your
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
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,
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
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
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
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
In this article we explain the concept of the statutory legacy, when it applies, and how it can impact the distribution of a deceased spouse’s/civil partner’s estate. What is Intestacy? When a person dies without a valid
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.
What is a Guardian appointed by my Will? If you die leaving children under the age of 18, you can make provision in your Will for who you would like to look after your children if there
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
What is Intestacy? Intestacy is where someone dies without a Will, or without a valid Will. The Rules of Intestacy means that a deceased person’s estate will be distributed in accordance with these rules, and this may
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
Lasting Powers of Attorney are some of the most important documents you can make in your lifetime. LPAs have been in the news over the last few weeks following a discussion about them by Martin Lewis who
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
If a person dies without a Will, what happens to their estate (ie assets, such as property and cash) will be governed by the Intestacy Rules. Who is entitled to what will depend on their relationship with
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
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
If you are acting as an Executor or Administrator you have a legal obligation to ensure you have found and dealt with all of the assets in the estate of the deceased and that you are proving
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,
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
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
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
There are two types of Lasting Power of Attorney (LPA); one which deals with your Property and Financial Affairs and one which deals with your Health and Welfare. In this article, we will be discussing the Health
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
When it comes to making a Will, there are two main pieces of advice that we at Johnson Astills give our clients. The first is to actually make one, and not keep putting it off. The second
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
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
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
