Wills & Probate

Getting started : Estate Planning with your parents

The death of our parents is not something any of us want to think about, let alone talk about. But, as Leah Chenoweth from Penderlaw’s Wills, Trusts and Probate department explains, facing up to these difficult conversations and beginning some Estate Planning with your parents now is likely to save you a lot of heartache…

What will happen to your ‘digital life’ when you die?

Some thoughts on your digital life and passing on your digital memories, amongst other things… Winter used to be a time when I would sit by the fire and spend time making up photo albums from the year gone by. A cosy heart-warming thing to do on a cold evening, looking though memories of summer…

Power of Attorney – when is the right time?

A sad story in the news this week got me thinking.  Poor Kate Garraway, the well-known TV presenter whose husband is still in hospital fighting the lasting effects of coronavirus, is apparently struggling to manage their personal financial affairs because her husband did not have a Power of Attorney.  At 53, this is not at…

Being an Executor, should I say yes?

Being asked to be someone’s Executor is a great compliment as it means they trust you implicitly to sort out their affairs. However, it also brings with it a great deal of responsibility, and not to put to fine a point on it, a reasonable amount of hard work too. Lucy Wilton from Penderlaw’s Wills,…

Do I really need a solicitor for Probate?

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. Leah Chenoweth from Penderlaw’s Wills, Trusts and Probate team outlines the key benefits of instructing a solicitor…

Video witnessing of Wills now temporarily legal

The pandemic has presented endless challenges to our daily lives.  One challenge now being addressed by the government is new temporary legislation making video witnessing of Wills temporarily legal. Under the current law, a Will must be made in the physical presence of at least two witnesses who have had to be in each other’s…

Estate Administration & Probate: A Beginner’s Guide

There is a bewildering array of terminology used around the process of dealing with a person’s assets and liabilities when they die.  Lucy Duffin from Penderlaw’s Wills, Trusts and Probate team runs through the basic terms associated with Estate Administration and Probate and discusses issues which can commonly arise with DIY Estate Administration. Words such…

Minimising inheritance tax with lifetime gifts

Will Inheritance tax apply to me? Many people do not consider themselves to be wealthy enough to be affected by inheritance tax and unfortunately get caught out by life’s final taxation. With over 28,000 estates liable for inheritance tax in 2016-17, it’s worth looking at ways to legally minimise the amount of inheritance tax your…

Making a Will whilst in self-isolation

In these strange and unprecedented times the Law Society are reporting a huge increase of people understandably either making or updating their wills or setting up a Power of Attorney. Something in the order of a 30% increase on the average. Possibly unsurprising but the process itself is not without its challenges at this difficult…

5 reasons your DIY Will may be invalid

People often contact us to ask whether a DIY Will, such as the sort that you can buy off the shelf on the high street or online, or even prepare yourself with some online guidance, is actually legally binding and valid. The truth is that it very much depends on a number of factors. The…