Probate

Does time standstill?

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A recent High Court decision renders the use of standstill agreements as inappropriate for "out of time" Inheritance Act claims. More …

How your attorney may be able to deal with more than just your own affairs

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When granting someone a power of attorney you are giving them the right to deal with your own affairs. However the recent case of Whittaker v Hancock and others [2018] shows that in certain circumstances where you lose capacity your attorney may also be able to substitute you and act as a personal representative for someone else's estate. More …

Mary Poppins Returns - a hidden probate message?

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We take a look at what the role of a probate lawyer could have done in Mary Poppins Returns. The film would have been less exciting but any family law issues would have been resolved and the Banks family would have had peace of mind! More …

Why you won't be able to swear in front of a solicitor for too much longer

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The Government has recently announced changes to the procedure for applying for a grant of probate in England and Wales. The Non-Contentious Probate (Amendment) Rules 2018 ('the New Rules') form part of the Government's continuing project to modernise the probate process. More …

An increase in Probate fees set to be introduced in April 2019

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The Parliamentary Under Secretary of State for Justice Lucy Frazer QC MP has recently announced that she has put new legislation before Parliament, which if implemented, would introduce a new, banded structure of fees (depending on the value of the estate) for obtaining a grant of probate. More …

2018 Budget (somewhat) resurrects previously-scrapped changes to probate court fees

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Back in early 2017, a government consultation into a change in probate court fees took place. Thankfully, this change ultimately never transpired. The most recent Budget heralds a second attempt. What are the differences this time? More …

Doing nothing is dangerous...

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…or at least, it can be when it comes to probate matters – especially on the first death of a couple in a civil partnership or marriage More …

Holding the PRs to account

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You know that you have been named as a beneficiary under a Will or are entitled under a relative's intestacy. After the initial emotions experienced in learning this news have bedded in, you feel that you have been waiting for ages and ages to find out more. What exactly will you receive and when? More …

Do I need (help with obtaining) probate? And what else should I consider?

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When a friend or loved one dies, and after the funeral and grieving time, a general (but important) question may be: what (if anything) do I do next? Is probate required? More …

What the 2017 Budget didn't say…

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Compared to recent years, Mr Hammond's Budget of November 2017 could be described as relatively benign, particularly given the relatively low impact it is likely to have on most households. But sometimes it is the unsaid that is more telling and we look at what might lie ahead in 2018. More …