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Common Question: “Why do I need Probate as my mum left a Will?”

This seems to be one of the biggest misconceptions - that if there is a valid Will in place there is no need for an application for the Grant of Probate to be made.
Most estates with or without a Will need to go through Probate but trust me it is far easier and cheaper to do this with a valid Will.
The Grant of P

Life Interest Trusts - What is it and how do they work?

A Life Interest Trust (LIT), also known as an Interest in Possession Trust, is a document that names one or more beneficiaries to an estate and their entitlement to an income from assets held in trust over their life time.

This person is known as the Life Tenant. If that asset is a house or property, then the Life Tenant is entitled to either the rental income on the property, if it is rented out, or to live in the property if they wish to.

Court of Appeal rules mixed-up mirror wills are invalid – Has your Will been signed correctly?

The England & Wales Court of Appeal has confirmed that mirror wills executed by an elderly couple are void because each spouse accidentally signed the other's will.
 A decision in the case of Marley v Rawlings was made reluctantly because the couple Mr and Mrs Rawlings had clearly intended the Wills to take effect.

Will you be taking advantage of reduced Inheritance Tax (IHT)?

David Cameron, Nick Clegg and Ed Miliband have all agreed to give one tenth of their estates to charity when they die.

In an unusual cross-party move, the three leaders have signed up to support a campaign called Legacy10 to promote charitable giving.

Gifts to Children – A Cautionary Tale

When writing a Will it is highly possible that there will be a gift to a minor contained within it, or the possibility of a minor inheriting under a per stirpes clause. It is worth considering what actually happens with such a gift and who should act as a Trustee in such circumstances.

Lasting Power of Attorney...Why??

Lasting Power of Attorney is a document your chosen attorney/s can use on your behalf if you become incapable of dealing with your property and financial affairs

When we think about this document most of us relate this to age. We tend to think that this document is for the elderly as there is more chance of them developing dementia than someone in their 30's or 40's.

How wrong we are.

Death - It really can happen at anytime

I certainly don't wish to be the bearer of bad news as we enter 2012 as generally people are trying to feel postive about the year ahead still sticking to their new year resolutions. However what I am about to say isn't anything new.
I am sorry to break it to you but we are all going to die. We don't know how or when but trust me it is going to happen.

Single Parent Will Month - January 2012

The Guardian reported in August 2011 that there are 69 million Single Parents in Britain, caring for three million children.

But what happens if the parent dies - who will look after these children? Throughout the whole of January Abbotts Wills and Probate Services will complete a for a single parent for £50 (plus VAT) at a meeting held at our offices in Hertford. This consultation will be full of advice and guidance as well as a legally binding Will at the end which will cater for all of your needs especially appointing guardians for your children.

Losing Mental Capacity - A need for a Lasting Power of Attorney

It is an awful time when you watch the person you love slowly but surely slip away. I don't mean slip away into death but mentally slip away. They become forgetful then forget who you are, they randomly wander. This can be very distressing. This person could become a target and be financially taken advantage of.

Statistics are showing a higher number of people are living well into their 80's. However it has been stated that at least half of those who live to be 80 plus will develop some form of dementia or Alzheimer's.

What happens if someone doesn't have the capacity to make a Will?

To write a Will the individual (testator) must be over 18 years of age, have the required capacity and comply with the execution formalities as laid out in the Wills Act 1837.

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