It is entirely lawful for an Executor to also be a beneficiary under a Will, and in most Estates this arrangement works without difficulty. However, where an Executor who stands to benefit from an Estate fails to act fairly or transparently, the situation can quickly become distressing and contentious for other beneficiaries. In this article,…
As with DIY Wills, some people see solicitors’ fees for Probate as unnecessary expenditure. However, there are some real benefits in instructing a solicitor. Adopting the DIY approach to save money can turn out to be rather short-sighted. Lucy Wilton from Penderlaw’s Wills, Trusts and Probate team outlines the key benefits of instructing a solicitor…
The controversial changes to Agricultural Property Relief (APR) and Business Property Relief (BPR) announced in last year’s autumn budget are getting closer, and are due to be implemented next April. They include the proposed APR alterations, widely labelled as a ‘Family Farm Tax’, making succession planning for farmers more important than ever before. Solicitor Lucy…
No, this is not true. Amy Davis, a paralegal in our Wills, Trusts and Probate team says that one of the most common misconceptions she comes across is that clients believe that if they were to die without a Will, their Estate would pass to the Crown. This is not actually true. It would in…
When drawing up your Will, one of the first things you will need to decide is who you would like to be your Executor. They should obviously be someone you trust completely but they also need to be someone who is capable of performing the role competently when the time comes. Alice Vage from our…
We published a blog a while back now discussing what happens to our digitally stored assets when we die – What will happen to your ‘Digital Life’ when you die? Apple have now created a feature which enables those with iPhones to appoint a digital Legacy Contact to make sure precious digital memories aren’t…
This isn’t always the case. In general terms, there is no time limit for challenging the validity of a Will if you are concerned that the person making the Will did not have capacity, or was forced into making the Will, although if there has been a delay in contesting the Will, the court may…
We’re absolutely thrilled that both Tegan Pownall and Alice Vage won awards at this year’s Cornwall Law Society Awards! Cornwall Law Society’s prestigious annual awards ceremony took place on Friday, 13th June at Truro Cathedral. The ceremony is a glamourous black-tie occasion, bringing together lawyers from all over the county and a chance to celebrate…
Important not urgent maybe. You’ll get around to it sometime. Too young perhaps? According to a recent survey*, 67% of adults don’t have a Will, or have a Will which is out of date. If you die without a Will you can leave those you love most with uncertainty, not to mention a huge administrative…
A question our team often get asked is what to do when a relative loses capacity without having made a Will. For a Will to be valid, a person must usually be deemed to ‘have capacity’ at the time of signing it. Solicitor Lucy Wilton, and Litigation Executive Claire Lockwood, explain the options available when…
