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Probate

Land Disputes

The Trusts of Land and Appointment of Trustees Act 1996 (ToLATA) gives courts certain powers to resolve disputes about the ownership of land. The dispute may relate to the legal or beneficial ownership of the property. There are two main types of application that can be made under ToLATA to resolve disputes about land. These... read more


Under Threat and Under Duress: Will Disputes

The drafting of wills ought to offer a prospective testator with peace of mind. The fact that their estate will be administered in accordance with their wishes after their passing is obviously reassuring. The finality of death prompts testators to place these wishes with appointed executors, whom they trust to obey their instructions, but what... read more


Who do you want to inherit your estate?

Who do you want to inherit your estate? Unlike many countries around the world the UK gives you what is known as ‘Testamentary freedom’ when making your Will. Basically you are free to leave your assets to whoever you wish, with no restrictions. You can also elect for your English Will to cover assets within... read more


Being an Executor – How prepared are you…..?

Acting as an Executor is probably something most people will never have to do.  If they are appointed, it will usually be for a family member or close friend, perhaps once in their life.  Sounds easy, doesn’t it? However, how much do you know about the job an Executor has to do and what you... read more


How to achieve Boredom out of Brexit…

It is said that there is an ancient Chinese curse of ‘may you live in interesting times’, a polite way to wish an enemy a life of uncertainly, trouble and difficulty. Boredom and routine presumably being a much more preferable way to spend your life. The true origins of the phrase are much more likely... read more


CHANGES TO INHERITANCE TAX

What is the current position?   Inheritance tax is a form of tax which has to be paid when a person dies and was introduced in 1986. However, having to pay money when you die is not a modern day concept, and it has been necessary for estates to pay a death duty since 1796.... read more


New Head of Private Client Department

Ed Worrall has recently joined the Ramsbottom office of Latimer Lee as the Head of the Private Client Department. Ed is a  qualified Solicitor with many years experience of advising clients on Wills, Probate and Estate Administration, Powers of Attorney as well as Tax advice.  In addition he is a full member of the Society... read more


Death Taxes to Soar?

The Government is considering proposals to change the charging structure of obtaining Probate after the death of a relative. Ministers are planning to replace the flat rate fee of £215 with an escalating fee which would rise to £20,000 for an estate of £2m. Even a more modest estate of £300,000 would see the Probate... read more


Under Threat and Under Duress: Will Disputes

The drafting of wills ought to offer a prospective testator with peace of mind. The fact that their estate will be administered in accordance with their wishes after their passing is obviously reassuring. The finality of death prompts testators to place these wishes with appointed executors, whom they trust to obey their instructions, but what... read more


Entrusting your last will and testament… to your accountant?

The Institute of Chartered Accountants in England and Wales (ICAEW) will be able to grant alternative business structure (ABS) licences from September. In a month’s time, chartered accountants will therefore be able to conduct probate services, if they are in receipt of an ABS licence. For probate lawyers this decision defies all logic and common sense. An experienced... read more