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Wills and Probate Blog

Life Interest Trusts in Wills

Jessica  Latimer
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  • Author

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 die. A life Interest trust is commonly used in...

Pensions and Life Insurance Policies?

Jessica  Latimer
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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 importance on...

What can I do as an executor to make sure I find the most recent Will and details of all assets and liabilities in an estate?

Jessica  Latimer
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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 and administering the correct Will. There are various searches that...

Impact of divorce on Wills & LPAs

Jessica  Latimer
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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 , and the implications divorce has...

The Importance of Making an LPA

Jessica  Latimer
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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 Finances. This statistic is of concern, bearing in...

What is a Life Interest Trust

Jessica  Latimer
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  • Author

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 are where there are children from previous...

How can someone find my Will after I die?

Jessica  Latimer
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You may choose to share the location of your Will with your family members or perhaps you keep a good record in your files. However, family members may not remember what you have told them or are not sure where to look when they need to find your Will. ...

Appointeeship - What is an Appointee?

Jessica  Latimer
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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 them...

What is an Advance Decision?

Jessica  Latimer
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An Advance Decision, sometimes known as a ‘living Will’ is a set of instructions of measures you would like to refuse when you no longer have the capacity to give or refuse consent to treatment. This can surround both medical and health care...

How can I challenge a Will?

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A Will is a legal document which sets out how an individual (known as ‘the Testator’) wants their assets to be distributed after they have died. Following a death, we are often contacted by people who are either: not named as a beneficiary ...

Lasting Power of Attorneys - Health & Welfare

Jessica  Latimer
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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 and Welfare LPA. A Lasting Power of Attorney...

Managing affairs for a missing person

Jessica  Latimer
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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 affairs was to make a declaration to the High Court that...

Why should I instruct a Solicitor to prepare my Will?

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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 is to have a will drafted by a Solicitor that specialises in Wills. ...

Witnessing Wills online

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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 in line with social...