Wills, Trusts and Probate

Can a Will be varied?

North Devon based Probate Solicitor, Emily Hockin, looks at the variation of Wills

A person can make a Will to reflect their wishes and who they would like to benefit from their estate. However, in practical terms, the person benefiting from the estate could end up being disadvantaged by the terms of the Will. This is where a Deed of Variation can sometimes help.

Agricultural solicitor, John Pearn takes a look at current Inheritance Tax issues affecting farmers and their families

Terese Kingman looks into the murky world of unregulated will writers
 
Walter Ventriglia was the owner of a will writing firm called Legacy & Law and a will storage business called UK Will Register.  He has just been sent to prison for fraudulently charging clients for fixing non-existing problems with their wills.
 
IS HE TYPICAL?

Wills and probate solicitor, Toni Sinclair looks at the risks people take when they choose to deal with an unregulated Will writer, rather than a reputable solicitor

When a relationship with a spouse, civil partner or cohabite breaks down should consideration be given to what will happen in the event of death?

Yes.  It is likely prior to the breakdown of a relationship that a spouse, civil partner or cohabitee will have made some provision for the other.  Whenever a personal relationship changes or breaks down it is important to ensure that testamentary wishes and ownership of property is reconsidered in the light of the new circumstances.

Lee Dawkins examines the issue of domicile

The courts have recently confirmed that a person’s domicile of origin is not easily displaced. 

Domicile is an important concept in wills and probate and issues often arise in contentious probate cases and claims under the Inheritance Act 1975. 

The default position is that a person receives at birth a domicile of origin.  That domicile of origin remains applicable throughout a person’s life unless they require a domicile of choice. 

Trustees: An overview by Terese Kingman

Trustees have a great deal of responsibility when dealing with trust property.  A trustee has a range duties which includes safeguarding trust assets by checking the terms of the trust, collecting money due to the trust or estate (even if this means enforcing any loans due to the trust), investing the trust fund in accordance with the trust deed and distributing the assets.

What happens if the trustee makes an overpayment of income to a beneficiary?

Professional negligence solicitor, Lee Dawkins echoes the ombudsman's warnings about unregulated and uninsured will writers.

The BBC is reporting that thousands of people in the UK are being 'ripped off' by 'cowboy' companies providing unregulated legal services such as will writing.

Quoting the Chief Legal Ombudsman for England and Wales the report says:
"One service which crops up a lot is will writing. It's a service carried out often by will-writing firms who aren't regulated."

Wills, Trusts and Probate Lawyer, Stuart Lawrence explains

Many people are put off preparing Wills by the perceived costs of professionally drafted Wills.

Slee Blackwell solicitors are offering a half price Wills promotion for a limited period, across all their offices (Bideford, Barnstaple, South Molton, Braunton and Exeter), to allay fears with regard to costs and to encourage everyone to have a valid, professionally drafted Will in place.

Solicitor, John Pearn, assesses the legal position

If a person loses their mental capacity to make decisions then a Lasting Power of Attorney or a valid Enduring Power of Attorney would continue, though both  documents need to be registered with the Office of the Public Guardian.   However. if there is no  suitable Power of Attorney then a near relation can apply for a Receivership Order.

WHO CAN APPLY FOR A RECEIVERSHIP ORDER?