Wills & Probate

At present, a Lasting Power of Attorney (LPA) for health and welfare allows a donor to decide whether they give consent for their attorneys to make decisions regarding their life sustaining treatment. However, the Office of the Public Guardian (OPG) brought a case in front of the Court involving the possible registration of a series of […]

In recent years the Law Commission have made clear their view that the law relating to Wills should be updated and brought into the modern age. While this is still under review, the circumstances of the recent case of Ubbi v Ubbi [2018] EWHC 1396 (Ch) brings this issue back to the forefront; highlighting the […]

The recent case of Thompson v Raggett has highlighted the risks of cutting a cohabitee out of your will. In this case Ms Thompson had lived with her partner, Mr Hodge, for over 40 years. Over the years Mr Hodge had made several wills in which Ms Thompson was a beneficiary however in his last […]

In January the case of Sargeant v Sargeant decided that after 10 years since Probate was granted for her husband, the Claimant (Mrs Mary Sargeant) did not have permission to bring a claim against her husband’s estate. The Inheritance (Provision for Family and Dependants) Act 1975, commonly referred to as the 1975 Act, allows for […]

Around the world over 150,000 die every day and as space for traditional burials becomes sparse (it is estimated that half of the UK’s cemeteries will be full by 2020) cremation has been the growing alternative; seen as potentially more eco-friendly, practical, and inexpensive alternative. Yet the first of these may not actually be true, […]

When a sole director/shareholder dies, his or her shares automatically pass to their personal representatives (PR’s). These are the Executors (if there is a valid Will), or the Administrators of his or her Estate (if the shareholder dies intestate), under section 773 of the Companies Act 2006. This makes the PR (or whomever they elect […]

Melita Jackson died in 2004 at the age of 70 leaving nearly £500,000 to the Blue Cross, the Royal Society for the Protection of Birds and the Royal Society for the Prevention of Cruelty to Animals, cutting her estranged daughter, Heather Ilott, out of her will.  Mrs Jackson and Mrs Ilott had been estranged for […]

It is common for us to sit and chat over a cup of tea about what one person has heard or been told, but is it always right to take tax advice from a friend over a cup of tea? Recently, I was sat on a train and I overheard a conversation where one lady […]

As the owner of a Holiday Park or a Residential Park it is important that you plan for the future to protect your business assets. As part of this, it is key to plan ahead and give authority to a trusted person (or people) to handle your finances and carry on your business if you […]

You may have heard of the recent case in the news where a judge ruled that Paul Briggs, who suffered a severe brain injury from a motorcycle crash in 2013, should be allowed to die. The case was prompted by his wife, Lindsay, who argued that his ‘minimally conscious state’, where he is being kept […]

An increasingly popular online tool is the use of ‘ethical will videos’. These ‘ethical wills’ are being used by people around the world to pass on life lessons and values and leave important messages in their own words to others upon their death. ‘Deadsocial’ have created a space where a person can create their own […]

“In this world nothing can be said to be certain except death and taxes” Benjamin Franklin. What if this were no longer true in the case of death? A landmark case was recently won by a 14 year old girl (JS) suffering from cancer in the last few days before she died. JS and her […]