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The Rise in Inheritance Disputes: Navigating the Complexities of Wills and Family Dynamics

Kevin Horn
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In recent years, inheritance claims and challenges to Wills have surged, affecting not only high-profile or wealthy families but also a broad spectrum of society. Ministry of Justice figures reveal a growing trend of disputes, presented in headline-grabbing...

Bella Scally Conquers London Marathon, Raising £1,400 for Macmillan Cancer Support

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Bella Scally, a valued member of Warner Goodman LLP's Private Client team, completes the challenging London Marathon for Macmillan Cancer Support. At the start of the year, Bella set an ambitious goal for 2024: to accomplish something she had...

Private Client Monthly Roundup February 2024

Bella Scally
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Welcome to February’s edition of the Private Client Monthly Roundup written by Jade Steel and Bella Scally. In this edition, we will be covering the following: In this edition, we'll explore: Upcoming Events Recent Events –...

Private Client Monthly Roundup January 2024

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Welcome to our first Private Client Department Newsletter, written by Jade Steel and Bella Scally, members of our Private Client Marketing Committee. In this edition, we'll explore: Meet the Private Client team Our locations and community...

Why clear language is crucial when drafting a Will

Kevin Horn
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Three children have won a share of their father's £700,000 estate after a hard-fought case that reached the High Court in London.  The siblings took action when their father, Kenneth Grizzle, died, and they found they were excluded from...

Important Changes to Statutory Legacy: What Surviving Spouses and Civil Partners Need to Know

Kevin Horn
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When a loved one passes away without writing a Will, their estate is distributed under a set of legal rules called intestacy laws. In such cases where there is a surviving spouse or civil partner, that spouse or civil partner is entitled to a fixed sum...

Court of Protection in Emergency Situations - When and how to obtain it

Karon Walton
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Accidents can happen to anyone at any time, and sometimes, these accidents can result in individuals losing the ability to make their own decisions. In such cases, the Court of Protection steps in to protect the interests of these vulnerable individuals...

When inheritance plans begin to unravel

Kevin Horn
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With increasing rates of re-marriage and the resulting blended families, parents need to consider taking action to ensure their children inherit as intended.  Any fans of the mega-hit TV series Succession, which follows the fortunes of the Roy...

What is contentious probate?

Kevin Horn
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Contentious probate refers to disputes about an individual's estate after they pass away. This process can be difficult for families and lead to many mixed feelings, but understanding when an estate can be contested can help answer many questions and...

Long-Term Care - How to avoid issues with Care Contracts and Care Funding

Karon Walton
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Karon Walton, Care Advisor at Warner Goodman LLP, provides insight on how to avoid the mistakes commonly made when reviewing Care Contracts and Care Funding. One of the biggest concerns for many people is that they may have to receive care one day....

Your Guide to Lasting Powers of Attorney

Caroline Johnstone
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None of us knows what the future holds and it is practical to make plans that can protect you in any eventuality.  Having a Lasting Power of Attorney (LPA) in place can do this for a variety of situations, for example if you develop dementia, sustain...

What happens if I can't find a Will?

Jane Cox
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After the death of a loved one, you will understandably be grieving, feeling many different emotions and adjusting to this new chapter in your life.  You may also be faced with the administration of their estate, however if you aren’t able to locate the Will this could raise more questions and delay matters at an already difficult time. Naomi Walton, Paralegal in our Private Client department, explains more here about how you can proceed if you’re not able to find the Will and what rules apply in this situation.

Can I make my own Lasting Power of Attorney (LPA)?

Caroline Johnstone
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Having a Lasting Power of Attorney (LPA) in place is one of the most sensible decisions you can make in your lifetime.  This legal document allows you to choose people to manage your affairs for you in should you not be able to and, while you can...

Inheritance Tax Planning - the five considerations to reduce inheritance tax

Sue Nicholson
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In the recent Budget, Chancellor Rishi Sunak announced that the inheritance tax threshold will be frozen until 2026, despite the fact that property and other asset prices continue to rise.  This means therefore that more people will fall above the...

Do unmarried couples need a Will?

Jane Cox
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The phrase ‘common law marriage’ has been a widespread misconception for many years, with cohabiting couples under the impression that should one of them pass away, the other would have the same rights as a spouse or civil partner with their estate passing automatically to them.  This is not the case however, and with the number of cohabiting couples on the rise each year, it has never been more important to understand your position. Naomi Walton, Paralegal, in our Private Client department, explains more about why you should write your Will if you are an unmarried couple and the considerations you should make.

How a Lasting Power of Attorney can protect you in light of a diagnosis of dementia

Caroline Johnstone
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Adapting to a new way of life over the last year due to the Covid-19 pandemic has been challenging for us all, but for those with dementia or those with a loved one with the disease, this has taken on a whole new meaning.   This Dementia Awareness...

Covid-19 and the perils of DIY Wills

Jane Cox
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The last 12 months of the Covid-19 pandemic have seen more people than ever begin to put their affairs in order through writing their Wills and arranging Lasting Powers of Attorney.  While the world continues to turn to more digital tools as we work and live remotely, this has also seen the rise in so-called “DIY Wills”.  For some, these can be a useful, time saving tool, however for the majority of people this can leave stones unturned regarding concerns around the validity of the will, Inheritance Tax, Trusts, the consequences of multiple marriages, potential disputes between beneficiaries and understanding the varying types of Will that could protect your loved ones in the future. 

Naomi Walton, Paralegal in our Private Client department, discusses more here about the rise of DIY Wills, the pitfalls that people can face and why seeking legal advice will always be the beneficial route to follow.

Can a stepchild contest a Will?

Kevin Horn
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Losing a loved one will be a devastating time for all concerned which can unfortunately also give rise to family disputes, particularly over the distribution of the estate as determined by the Will.  Contesting a Will and bringing a claim against the...

Guide to Deputyships; your questions answered

Caroline Johnstone
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A loved one losing the capacity to manage their property and affairs is a distressing time when you will not only have to adapt to a new way of living, but also perhaps step in to assist in the running of their lives.  If they don’t have a ...

How do I administer an estate as an Executor during coronavirus?

Sue Nicholson
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Adjusting to the challenges caused by coronavirus has been difficult for all of us. However, for those dealing with the death of a loved one, the onerous obligations placed on Executors may seem overwhelming.  In recent years there has been an...

Writing a Will Checklist: the 8 things you need to consider

Jane Cox
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Having an up to date Will is one of the most important legal documents you will make during your lifetime, particularly if you are an unmarried couple living in a property you own, or if you are divorced and have children from previous marriages.  We...

How do you witness a Will during the coronavirus pandemic?

Jane Cox
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Under current Will writing legislation, the document must be signed by two witnesses, however with the coronavirus outbreak and the enforced social distancing rules this is proving challenging at a time when more people are looking to get their affairs in...

Intestacy explained - statutory legacy sum due to rise for intestate estates

Jane Cox
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Research conducted last year by organisation Remember a Charity shows that currently two thirds of UK adults do not have a Will, meaning they run the risk of dying intestate and having their estate distributed according to intestacy rules. The statutory legacy sum is due to rise on 6th February which will entitle surviving spouses and civil partners to a larger sum of the estate when their partner dies intestate.  Jane Cox, Private Client Partner, urges people to use this news as an incentive to find out more about getting a Will written and what the consequences are of not having one in plac

Could you be missing out on the £175,000 Residence Nil Rate Band?

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The Residence Nil Rate Band (RNRB) was introduced in April 2017 to enable families to leave, on their death, more of their estate to direct descendants without having to pay Inheritance Tax. With the amount about to rise once more in the coming tax year 2020/21, William Ware, Consultant in our Private Client team, here explains why it is important that families understand their rights regarding the RNRB, and why it can make all the difference when your home is registered jointly with your spouse or civil partner.

Is probate needed if there is no Will?

Sue Nicholson
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The death of a family member or friend will be a devastating time, changing your life and leaving you with many different arrangements to make, all while you try and grieve and come to terms with what has happened. Making arrangements for the probate application will be one of the first things you need to do, and we are often asked whether this needs to be done when there is no Will. While there are certain situations when probate is not needed, the presence of a Will is not one of those. Sue Nicholson, Associate Solicitor in our Private Client team, explains more here about when probate is and is not needed, and how we can support you through this time of change in your life.

The difference between a Lasting Power of Attorney and Deputyship

Caroline Johnstone
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No-one knows what the future holds, which is why it is vital that you make plans while you can.  Having a Lasting Power of Attorney (LPA) is one of the most important legal documents you can write to make these plans and without one your loved ones would need to go down the long and costly route of applying to be your Deputy.  Caroline Johnstone, Associate Solicitor in our Private Client department, explains here how an LPA can help you to protect your future, and what could happen if you don’t have one in place.

When would a Deputyship Order be issued?

Caroline Johnstone
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A Deputyship Order would be issued when a person can no longer make decisions for themselves concerning their health, welfare, financial or property arrangements and they have no Lasting Power of Attorney (LPA) in place. Caroline Johnstone, Associate Solicitor in our Private Client team, explains here who can apply to be a Deputy, the responsibilities and how we can support you in your duties.

How long does it take to apply for a Deputyship Order?

Caroline Johnstone
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Being granted a Deputyship Order can take several months. If you find yourself having to apply to become a Deputy you may also be considering the responsibilities you now face. Caroline Johnstone, Associate Solicitor in our Private Client team, explains more about when you may need to make an application of this nature and the steps involve

What is a Grant of Probate?

Sue Nicholson
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A Grant of Probate is the legal document that allows you to administer the estate of a loved one who has passed away. There are some circumstances when this may not be needed, and if there is not a Will then you will need to apply for a Grant of Letters of Administration. Sue Nicholson, Associate Solicitor in our Private Client department, explains here what this legal document is, how to apply for it and how we can help you understand your role in carrying out the probate and estate administration.

What is a Deputy?

Caroline Johnstone
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Becoming a Deputy means that you have usually been appointed to manage the property and financial affairs of a loved one if they are no longer mentally able to do it themselves, and they did not have a Lasting Power of Attorney. Applying for a Deputyship Order to the Court of Protection can be a complicated process at a time when everyone will need to adjust to a new way of living. Caroline Johnstone, Associate Solicitor in our Private Client department, explains more about a Deputyship and how writing a Lasting Power of Attorney when you still can will avoid this last case scenario.

When is probate required?

Kevin Horn
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Following the death of a loved one, even with what seems to be the simplest of estates, you may need to apply for a Grant of Representation, which will be either a Grant of Probate if there is a Will or a Grant of Letters of Administration if there isn’t, because without that you may not have the legal authority to realise and distribute that loved one’s assets. Kevin Horn, Private Client Partner, explains here why probate may be required, what is involved and how we can support you through this emotional and often confusing time.

How will reforms change Inheritance Tax planning?

William Ware
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Sweeping reform of Inheritance Tax (IHT) has been recommended to cut complexity of the so-called ‘death tax’, but experts are warning that individuals will need to review existing planning if the changes go ahead. William Ware, Consultant and Wills and Trusts expert within our Private Client team, here reviews the proposed reforms and how you can prepare now for any changes.

Headline recommendations to Government from the Office of Tax Simplification (OTS), the independent adviser on simplifying the UK tax system, making recommendations and the consultation and subsequent reporting on IHT, include changing the rules surrounding gifts of cash, property and other assets made while someone is still alive, and an overhaul of the relationship between IHT and Capital Gains Tax for farm and business assets. 

Can I gift or transfer my property to my children?

Caroline Johnstone
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Many people consider transferring their property to their children during their lifetime, with one of the main reasons being that it is perceived as a way to avoid care home fees in the future.  It is very rarely this straightforward, and there are many...

How long does probate take?

Jane Cox
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Probate and administration of the estate ordinarily takes between nine to 12 months, but as there are so many factors that can delay or impact the length of time, it is hard to give a definitive answer. Jane Cox, Partner in our Private Client department, explains the steps involved in probate and estate administration and provides more information on those factors that can impact the timescales.

Take action against dementia and become a Dementia Friend

Jane Cox
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This week is Dementia Action Week; a week dedicated to uniting people, workplaces, schools and communities to take action and improve the lives of people living with dementia.  Jane Cox, Private Client Partner, became a Dementia Friends Champion in June 2018 and explains here how becoming a Dementia Friend can help those living with dementia feel less lonely and more included in their community. 

Time limits brought into question when disputing a Will

Kevin Horn
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If you are considering disputing a Will under the Inheritance Act, ordinarily you will be required to do so within six months of the Grant of Representation being issued.  The Court can grant permission to pursue a claim out of time but the criteria are strict. So in a recent case where the Court granted a widow permission to pursue a claim 25 years out of time that was highly unusual and unprecedented.  Kevin Horn, Disputed Wills expert in our Private Client team, reviews the case and explains how you should proceed if you are considering bringing a claim of this nature.

Granddaughter wins in disputed claims legal battle due to financial dependence

Kevin Horn
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A ballet dancer recently succeeded in her legal battle in which she sought a share of her grandmother’s £650,000 estate after she was able to prove she was financially dependent on her.  Kevin Horn, Partner in our Fareham based Private...

Increase in probate fees confirmed

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In January 2022, the probate fees changed.  You can find out the relevant fees using our Probate and Estate Administration Costs page. Controversial fees that were proposed and scrapped in a matter of weeks last year will now be introduced in April...

Impact of having an outdated Will

Kevin Horn
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A recent Court decision has highlighted the importance of keeping your Will up to date, and has also provided some clarity in relation to illegitimate minor children contesting a Will.  Kevin Horn, Private Client Partner, here reviews the case and...

Proprietary estoppel: how verbal promises made in life can impact decisions made after death

Kevin Horn
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The outcome in a recent case brings with it an important reminder, particularly to those in the farming industry, that succession planning and clear conversations with your family can prevent claims against the estate in the future.  Kevin Horn, Private...

Time limits when contesting a Will case review

Kevin Horn
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A decision has been reached in the case of  Sargeant v Sargeant  which has clarified the position for those wishing to apply for further financial provision when a claim of this nature is out of time.  Kevin Horn, Private Client Partner, here...

Importance of witnesses in validity of a Will case review

Kevin Horn
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A recent decision heard at the England and Wales Court of Appeal has highlighted the important role witnesses play in the validity of a Will.  Kevin Horn, Private Client Partner, here reviews the case and advises on the best practice when writing a...

The future of inheritance tax with rising property values

William Ware
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The passing of a loved one will be a difficult time as you come to terms with your loss and look to make arrangements for their estate.  During probate administration, it will become clear whether inheritance tax (IHT) is due on the estate, and more people are finding that they fall into this bracket with the rising value of property.  William Ware, Private Client Partner, explains IHT and how you can prepare now for any eventuality. 

Joint tenants or tenants in common; which is best for me?

Jane Cox
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Owning a property comes with many considerations; one of them being whether you own your property as tenants in common or as joint tenants.  Jane Cox, Private Client Partner, explains here the difference between the two statuses, and why they are...

Warner Goodman support Age Concern Hampshire

Jane Cox
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Our Private Client team are always keen to support the local community as well as our clients in their journey towards protecting their future, and as such have recently become a Friend of Age Concern.  To celebrate the collaboration, Jane Cox and...

Buying a property for your child; know the rules around gifting

Jane Cox
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All parents hope that one day their children will own their own home but with rising house prices and inflation, parents are being called upon to either house their children while they save for the deposit or gift the deposit themselves.  Jane Cox,...

Incapacity crisis looming as 97% in the South East leaving important decisions to chance

Caroline Johnstone
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A new report from Solicitors for the Elderly (SFE) and independent think tank, Centre for Future Studies, has revealed the UK is in danger of an incapacity crisis.  With the ever increasing number of those living with dementia combined with a high...

DIY Lasting Power of Attorneys spark rise in investigations

Sue Nicholson
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Solicitors for the Elderly have urged people seek legal advice when drafting their Lasting Power of Attorney (LPA) after investigations into the actions of attorneys and deputies soared by 45% in the last 12 months.  Here Sue Nicholson, Associate...

Partner providing Dementia Friend Information Sessions across Hampshire

Jane Cox
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After a number of Warner Goodman staff recently became ‘Dementia Friends’, Jane Cox has taken this one step further and has become a ‘Dementia Champion’.  This means she can now deliver Information Sessions to businesses and...

More at Warner Goodman become Dementia Friends

Jane Cox
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The Private Client and Financial Services team of Warner Goodman LLP recently renewed their Dementia Friends training, with more members of the teams also taking part.  Jane Cox, Private Client Partner, explains here why they decided to expand their...

Why is domicile important when disputing a Will?

Kevin Horn
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Disputing a Will is a complicated process; one made more so if there are questions over where the deceased was domiciled.  This must be ascertained before a claim can be made against an estate and here Kevin Horn, Private Client Partner, explains why this is and what evidence may need to be provided should you be considering disputing a Will.

How to protect your digital assets in your Will

Sue Nicholson
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The value of our online lives is worth billions of pounds but many of these assets may never be passed on, as people are failing to record their digital worth.  Sue Nicholson, Private Client Lawyer, here reviews how you can protect your digital assets for the future generations, and why this is becoming more important as we move to a more online world.

Could you be due a refund for registering your Power of Attorney?

Jane Cox
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It was announced yesterday that the Ministry of Justice have launched a £69million refund scheme for those people who paid a fee to register a power of attorney between 1st April 2013 and 31st March 2017.  While some details are yet to be confirmed, Jane Cox, Private Client Partner, explains here how people can apply and who to contact should they have questions.

Appointing Guardians in your Will

Caroline Johnstone
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There are many reasons why it is important to have a Will; one reason being so your estate passes to the people or organisations you wish it to, but also for planning the future for your children.  If they are under the age of 18 in the event that both you and their other parent pass away, you need to ensure there are arrangements in place for their welfare.  

Make a resolution to review your inheritance tax gifts

Jane Cox
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As we enter a New Year, most people turn their New Year’s resolutions to thoughts of exercising more, eating healthily or learning a new skill.  This New Year however Jane Cox, Private Client Partner, is also urging people to maximise their opportunities for inheritance tax reliefs, specifically when referring to gifting to family, friends or charity.   Jane explains here the difference between a large and small gift in inheritance tax terms, as well as offering some practical advice when it comes to planning for your future.

What happens to an unclaimed estate if a person dies without a Will?

Caroline Johnstone
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Writing a Will is one of the most important documents anyone will make during their lifetime, and yet according to research conducted by Prudential last year, 59% of adults have not written a Will.  Dying without a Will leads to complications, but when there are no known family members it can become an even more tricky process.  

Who should I appoint as an executor in my Will?

Kevin Horn
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Writing your Will is one of the most important things you will ever have to do, and it is just as important that you understand the role executors play and who you should choose.  Kevin Horn, Private Client Partner, explains here what an executor does, how administering an estate works and why it may be prudent to appoint a solicitor as one of your executors.

New Government Portal adds to responsibilities of Trustees

William Ware
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On the 26th June 2017 the Government introduced new requirements to be imposed on trustees of trusts requiring them to keep a register of certain information.  William Ware, Consultant in our Private Client team, here explains why these requirements have been introduced and what Trustees now must do in line with the new directive.

How proposals could impact Lasting Power of Attorney security

Jane Cox
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Last month, the Financial Conduct Authority announced their proposals to move the Lasting Power of Attorney process even further online.  This would move away from the current position where the documents can be registered online but must have a physical signature.  

Warner Goodman support World Alzheimer's Day

Sue Nicholson
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Launched in 2012, September is World Alzheimer’s Month with World Alzheimer’s Day falling on the 21st of the month.  Each year sees a different theme to raise awareness and challenge the stigma that surrounds dementia, with the theme this year of “Remember Me”, to highlight the importance of early detection and diagnosis of dementia.  Sue Nicholson, Private Client Solicitor, explains here why raising this awareness is so vital and how families can prepare now for any future diagnosis of the disease.

Forward planning with Warner Goodman

Jane Cox
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Hampshire-based law firm Warner Goodman LLP is holding a free event on Saturday 23 September 2017 to support people who are looking at moving into a care home. Local people are invited to come and find out more about the financial requirements of such a move, as well as legal considerations such as Lasting Power of Attorney, Life Interest Trust Wills and Wills.

Safeguarding Lasting Power of Attorneys following criticism from retired senior Judge

William Ware
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Last week, a retired senior judge warned that Power of Attorney documents are not safeguarding people’s finances adequately and has declared he will never sign one himself.  William Ware, Private Client Consultant, explains here how a Lasting Power of Attorney is still the most effective way of securing your wishes for the future if you lose capacity, but also gives some cautionary advice as to what steps you should take to ensure you are safeguarded.

What effect does my marriage or divorce have on my Will?

Caroline Johnstone
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Many people do not realise but a marriage automatically revokes any existing Will, meaning that a person could die intestate without realising it.  Caroline Johnstone, Private Client Lawyer, here explains the implications that marriage and divorce have on a Will, and what steps you need to take to avoid any issues for your family’s future.

Is Will writing about to be brought into the modern world?

Jane Cox
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A consultation has been launched by the Law Commission in a bid to draw public opinion on whether the laws on writing a Will are outdated.  Jane Cox, Private Client Partner here reviews the reasons behind the launch of the consultation and what the future could hold in terms of probate and estate planning.

Changing family structures leading to more people contesting their late parent's Will

Kevin Horn
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Historically, the revelation to children that their parents have not left them as much as they were expecting to be left in their Will has inevitably lead to disappointment, but not litigation. This is changing however as recent figures have shown that the number of Wills being contested by disgruntled children is on the rise.  

Warner Goodman joins the fight against dementia with Cupcake Day

Jane Cox
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With the rise in dementia sufferers across the UK, research and investment is critical towards finding a cure, prevention or developing palliative care schemes for this life shattering disease.  That’s why Hampshire law firm Warner Goodman LLP are participating in National Cupcake Day, organised by The Alzheimer’s Society.  

Opening up to dementia

Jane Cox
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With the number of people suffering from dementia on the rise, the theme for this year’s Dementia Awareness Week could not be more appropriate.  Running from the 14th to 20th May, this year the Alzheimer’s Society who organise the event, are asking people to open up about dementia.  

Rise in probate fees scrapped ahead of election

Jane Cox
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The planned increase in probate fees, that was due to be introduced next week, has now been scrapped by the government ahead of the election.  Jane Cox, Private Client Partner, reviews here why this has happened and what it means for estate planning in the future.

Inheritance disputes on the rise as families challenge their loved ones wishes

William Ware
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Record numbers of inheritance disputes are going through the courts as modern family structures and rising house prices push more families to contest unfavourable outcomes.  

Probate fees set to rise from May 2017 despite lack of support

Jane Cox
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The Ministry of Justice have recently announced that probate fees will increase from May 2017, even though only 1.6% of respondents agreed with the proposals during the consultation process.  Jane Cox, Private Client Partner, reviews the new charges that will be coming in and advises how people can act now to protect their assets.

Is your Will ready for the inheritance tax changes?

Jane Cox
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We may be forgiven for overlooking a significant change due to be implemented in April 2017, seeing as the plans were announced in the Summer budget of 2015.  However, now is a good time to make sure you’re maximising your opportunities for inheritance tax reliefs.  This year, as well as taking advantage of exempt lifetime gifts and transfers, property owners should also look at how the new transferable residence nil rate band can be beneficial to their estate.   

Lasting Power of Attorneys on the rise as dementia and Alzheimers become Britain's biggest cause of death

Sue Nicholson
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Dementia and Alzheimer’s have become the biggest cause of death in Britain for the first time, overtaking heart disease.  This increase has consequently led to the rise in Lasting Power of Attorneys (LPAs), and here Sue Nicholson, Private Client Lawyer, explains the importance of having an LPA in place.

How do I leave money to charity in my Will?

Caroline Johnstone
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Having a Will is probably one of the most important things you can do to secure your family’s future, but many people are not aware that they can also leave a legacy to charity in their Will.  Around £2.5billion is raised for charities each year through legacies and while 35% of people say they want to leave a legacy, only about 6% of people actually do. 

Why you need legal advice when drawing up a Lasting Power of Attorney

Sue Nicholson
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Having a Lasting Power of Attorney is an excellent way to protect your future in the event that you are no longer able to make important decisions about your financial, property or medical affairs.  A recent report however has highlighted the concerns around the different methods to produce an LPA, mainly the use of online or ‘DIY’ tools. 

When making a Will are capacity and knowledge different?

Kevin Horn
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Writing a Will can be a straight forward process, however more often than not there are factors that must be considered as part of that process.   It is self evident that a person wishing to make a Will must have the capacity to do so, however a recent case has also highlighted the need for knowledge and approval of its contents; a point that some may believe obvious but in this area, something that can be overlooked or misinterpreted.

How could a Power of Attorney help those in the military?

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Serving in the armed forces will naturally mean spending time overseas, but what about your life at home while you are away?   If you are looking to buy or sell your home and then are deployed, there will be matters to arrange, and with you not contactable this could lead to unnecessary delay or even the house purchase or sale falling through. Sarah Brooks, Head of our Residential Property team, explains here how a Power of Attorney could help you keep things on track.

Why use a 'Solicitors for the Elderly' recognised law firm?

Caroline Johnstone
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When choosing a law firm to assist you in safeguarding your family’s future through a Will or Lasting Power of Attorney, it can be hard to decide.  That’s why being a member of ‘Solicitors for the Elderly’ (SFE) is part of a unique offering that Warner Goodman LLP can give to those unsure of how best to protect their family assets and security.  Caroline Johnstone, Private Client Lawyer, here explains why having this qualification means we’re well suited for you to put your affairs in order.

World Alzheimer's Month reminds us of the importance of Lasting Power of Attorneys

Jane Cox
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September is World Alzheimer’s Month; a time to raise awareness of the impact this illness has on those diagnosed as well as their family and friends.  None of us know what is around the corner and unfortunately cases of Alzheimer’s, dementia and other incapacitating diseases are rising. 

Funeral costs are on the up...how can a Will keep the costs down?

Jane Cox
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The death of a loved one is always a traumatic time for everyone concerned, and those closest to them will be keen to ensure that their last act performed for their family member, plan their funeral, is how they would have wanted it.  For some families though, this is getting harder to achieve as less of us are making Wills or making our wishes known, and the cost of planning a funeral and all that entails is rising.

Family feuds can have long-term consequences

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In Davies and another v Davies [2016] EWCA Civ 463, the Court of Appeal has allowed an appeal against an award of £1.3 million in satisfaction of a claim for equitable relief based on proprietary estoppel and has reduced the award to £500,000.

Can a high-street DIY Will really save you money?

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Currently more than half of UK adults don’t have a will.   When you consider the number of co-habiting couples (who don’t receive the same rights upon death as married couples under the intestacy rules) and extended families it is a surprising statistic.  Failure to make a Will can leave loved ones suffering financial hardship and lead to a disputed estate.

Court of Protection opens its doors

Jane Cox
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A new scheme allowing media access to Court of Protection hearings across England and Wales has been piloted, applying to new proceedings issued from now onwards. Hearings already scheduled under the old rules will not be changed but some urgent hearings will be fed through to courts.

Builder comes out on top in Will dispute

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The High Court has recently ruled in favour of a builder after the Will, in which he was named as sole beneficiary, was challenged by three beneficiaries from a previous Will for the deceased. Kirsten Edberg, Private Client Lawyer, reviews the case and advises those who are considering contesting a Will that the process is a complex one.

Importance of reviewing your Will in light of new EU Regulations

Jane Cox
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On 17th August, the EU Regulation on Succession came into force in an attempt to simplify the law around succession of assets if a person passes away having owned property in more than one country in the European Union. Jane Cox, Private Client Lawyer, here explains exactly what this means for citizens living in the UK, and what steps you need to take with reference to your Will.

Inheritance Tax payments to increase under new proposed plans

William Ware
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Plans proposed recently by Government and supported by HM Revenue and Customs will see the amount of inheritance tax payable by individuals paying capital into trusts increase following the introduction of a change to the current seven year system.  William Ware, Private Client Consultant, explains what these changes mean for you and how you can prepare for the future.

How free are you when choosing beneficiaries for your Will?

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In an unprecedented decision the Court of Appeal has awarded a daughter, who was deliberately cut out of her mother’s Will, £163,000 from her late mother’s estate.  Kirsten Edberg, Private Client Lawyer, here reviews the surprising outcome in the case, and explains what this may mean for the future when it comes to who we do, or do not, choose as beneficiaries in our Will.

When I'm gone, all this will be yours...

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The Court of Appeal has overturned the High Court decision in the recent ‘donatio mortis causa’, sometimes referred to as a deathbed wish, case of King v Dubrey and others [2014].  Kirsten Edberg, Private Client Solicitor, here explains what this means and how the Court of Appeal reached their decision.

The Budget and Inheritance Tax - Our View

Jane Cox
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The Summer Budget was full of headline statements and here Jane Cox, Private Client Partner, takes a detailed look at how the rise of the Inheritance Tax threshold will work in practice.

Dependence on inheritance

William Ware
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A survey conducted by HSBC and released in April this year has shown that people are becoming more reliant on receiving inheritance from their parents to fund their retirement, rather than saving during their lives.  It was also in April that the Care Home Act 2014 came into force and with it will come greater scrutiny by local authorities on care home fee avoidance schemes.

Law firm supports Dementia Awareness Week

Caroline Johnstone
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This week will see The Alzheimer’s Society annual Dementia Awareness Week, and with 800,000 people currently living with dementia in the UK and that number growing each year, it’s never been more important to prepare for what the future could bring. 

New rules for holiday homes

William Ware
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British expats and people with foreign holiday homes must take stock to deal with the new tax regime that came into force this month.  That’s the warning from William Ware, Private Client Consultant, as Capital Gains Tax (CGT) is extended to non-UK residents selling UK residential property.

Feud on the farm

Sue Nicholson
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The importance of having your personal affairs in order has once again been highlighted in a case where the claimant has been dubbed the ‘Cowshed Cinderella’.  While this sounds like a fairy tale, it has in fact been a harrowing journey for one family, which has resulted in a daughter being awarded £1.3million.  Sue Nicholson, Private Client Lawyer, reviews the case and how this has implications for all, not just those in the farming industry.

Osborne puts inheritance tax under the spotlight

William Ware
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The matter of inheritance should be top of the agenda for Chancellor George Osborne in the countdown to the general election.  William Ware, Private Client Consultant, summarises here what the Chancellor had to say in his recent Spring budget statement, and explains why the subject of inheritance tax was also a hot topic.

Secrets in Switzerland lead to big penalty bill

William Ware
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Failure to report a cash gift from his late father has landed a carpenter with an £87,000 penalty from HM Revenue and Customs.  William Ware, Private Client Consultant, explains why this case, the first to test the position in court, is a warning to anyone who fails to come up with the facts when asked questions by those handling the estate of someone who has died.

Place trust in your second home

William Ware
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Many people looking to get onto the property ladder for the first time are struggling as they face hefty deposits and tough mortgage acceptance questions.  Even with schemes such as Help to Buy the prospect is a daunting one, and some parents are stepping in to assist.  William Ware, Private Client Consultant, here advises how parents can buy a second property for their children to live in while they save for their own home, and can do so without paying Capital Gains Tax (CGT).

Lawyer becomes Associate Member of ACTAPS

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The loss of a loved one is an extremely distressing time for all concerned, and this can be heightened if there are disputes arising from a Will, trust or probate arrangements.  Kirsten Edberg, Private Client Lawyer, has recently joined the Association of Contentious Trust and Probate Specialists (ACTAPS) as an Associate Member to bring the best advice possible to people in Hampshire during this emotional time.

Relatives of missing persons offered a lifeline

Jane Cox
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When a loved one goes missing our first thoughts are of finding them safe and well and returning them home.  Over time, if they are not found, while that feeling never leaves, other concerns come to the front, such as financial and legal responsibilities.  The Presumption of Death Act came into force on 1st October 2014.

Dishonest DIY executors cause Will dispute claims to triple

Jane Cox
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The rise in DIY Will services has led to a sharp increase in the amount of claims for mishandling a deceased’s estate, with the High Court releasing figures showing that these claims have tripled in the last year.  Jane Cox, Private Client Partner, explains the importance of seeking professional advice when preparing your Will and appointing executors, ensuring your wishes are respected without your loved ones facing a hefty bill.