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,…
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…
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 According to a recent survey*, 67% of adults don’t have a Will, or have a Will which is out of date.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…
There seems to be an awareness day or week for everything these days, and perhaps ‘Dying Matters Awareness Week’ does sound a little strange, but it nevertheless bears an important message as Solicitor Alice Vage discusses. Tackling a tricky subject to bring peace of mind Many of us are understandably squeamish about discussing matters around…
A Will should be a true reflection of a person’s wishes. However, situations sometimes arise where there is doubt cast upon the validity of a Will. Disputes concerning Wills are referred to legally as Contested or Contentious Probate. This type of dispute becomes especially complex where a business is involved and can become even more…
You may have seen several stories in the news lately regarding abuse of Lasting Power of Attorney. We therefore thought it would be a good idea discuss the issues raised and put them in context. Leah Chenoweth, Solicitor at Penderlaw, discusses the topic and how to protect yourself when appointing an attorney. A recent BBC…
