Is your Inheritance Tax allowance now £500,000, or perhaps even £1,000,000?
The answer is that with careful planning it may well be – as a result of another increase in the Residence Nil Rate Band in April 2020.<br>
by: Hauke Harrack
Our experienced specialist solicitors can help you.
“We have a team of approachable, responsive solicitors, all of whom are members of the Association of Contentious Trusts and Probate Specialists (ACTAPS). The team is consistently rated year on year as a Top Tier firm by The Legal 500 for its work in this area.”
As well as inheritance disputes, the team also deal with:
- Claims for removal of Executors
- Trust litigation
- Financial abuse of the elderly & vulnerable
- NHS Continuing Healthcare funding decisions
- Long-term care funding issues
- Deprivation of Liberty matters
Wills
Contesting a Will can potentially cover a number of very different claims. Identifying the type of claim an individual may have, depends upon the facts of each case. It is for this reason that we recommend you seek legal advice from a professional team such as ourselves, who are recognised specialists in this area and members of ACTAPS.
Trusts
A trust dispute is any dispute relating to the administration or validity of a trust. Trust disputes can arise for a variety of reasons and can have serious financial consequences. Whether you are a Trustee or a beneficiary, we can assist you with any trust concerns that you may have.
Probate
The administration of a Deceased persons estate can become problematic and complicated, leading to an increased chance of a dispute arising. This may be a dispute between Executors themselves, or between the Executors and beneficiaries of the estate. At Hewitsons our Will & Estate Disputes team, are specialists in contentious probate matters.
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Contesting a Will
Our experienced, specialist solicitors can help you. We cover the full range of claims in this area including:
- Contesting the validity of a Will
- Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants Act) 1975
- Proprietary Estoppel claims
- Claims for the rectification of Wills based on clerical error or a failure to understand a testator’s instructions
Contest with Hewitsons
Contesting a Will can potentially cover a number of very different claims. Identifying the type of claim the individual actually wishes to bring depends on the facts of each case. It is for this reason that we recommend you seek legal advice from a professional, who is a recognised specialist in this area.
Reasons to Contest
Click a reason to learn more.
Invalid Will
It may be that there is strong evidence to suggest the Will is invalid, in circumstances for example where it was incorrectly executed. In such a case the individual would be challenging the validity of the Will and seek to set it aside.
Lack of financial provision
The Will may be valid, however the disappointed beneficiary may not have been adequately financially provided for within the Will and therefore in need of financial provision from the Estate. In such a scenario the client would need to take legal advice as to whether they are a qualifying claimant under The Inheritance (Provision for Family & Dependants) Act 1975.
Download our Practical Guide to Inheritance Act claims
Download our Practical Guide to Inheritance Act claims
Clauses of the Will are incorrect or unclear
The wording of the Will may be incorrect, or unclear, leading to a claim in rectification or construction of the Will.
Unfulfilled Promises
An individual may have been promised something in lifetime by the Deceased and relied upon that promise to their detriment, only to learn the promise was not fulfilled on the Deceased’s death. In such circumstances the individual may have a claim in proprietary estoppel.
Can a Will be contested?
Contentious probate is a specialist and very niche legal area. Many people believe that simply because they are a close relative of the Deceased and are a disappointed beneficiary, that they have an automatic right to bring a claim to contest the Will. This is not the case and it is for this reason that specialist legal advice should be sought at an early stage.
Before pursuing a dispute as to the validity of a Will, it is important to establish firstly, whether you have “legal standing” to bring a claim (i.e. the right to bring a claim) and secondly, whether you have sufficient evidence to support one of the grounds required (see FAQ), to set aside the current Will in dispute.
Our specialist team can advise you on the appropriate investigatory steps that might need to be undertaken in your specific case. This may involve obtaining further details into the circumstances surrounding the preparation and execution of the Deceased’s Will, from the solicitors who took the Will instructions, for example. Alternatively, the Deceased’s medical records may need to be requested, or statements taken from the witnesses to the Will.
Before pursuing a dispute as to the validity of a Will, it is important to establish firstly, whether you have “legal standing” to bring a claim (i.e. the right to bring a claim) and secondly, whether you have sufficient evidence to support one of the grounds required (see FAQ), to set aside the current Will in dispute.
Our specialist team can advise you on the appropriate investigatory steps that might need to be undertaken in your specific case. This may involve obtaining further details into the circumstances surrounding the preparation and execution of the Deceased’s Will, from the solicitors who took the Will instructions, for example. Alternatively, the Deceased’s medical records may need to be requested, or statements taken from the witnesses to the Will.
Contesting a Will claims are typically both a sensitive and complicated legal area. Each type of claim referred to above is distinct from the other and has to be approached differently. It would be unwise and potentially very costly, to bring a particular claim yourself without having taken advice on the grounds and procedures to be followed.
It is important to seek specialist legal advice as soon as possible, so that those dealing with the Estate can be notified promptly of any potential contesting a Will claim, ideally prior to the Estate being distributed. Our expert team have many years of experience in this area.
We can advise on all types of contesting a Will disputes and are recognised specialists in this niche legal area. Please contact any member of the team for a free initial discussion to discuss the merits of contesting a Will on 0330 311 0885 or email us at willdisputes@hewitsons.com
FAQs
Contesting a Will can potentially cover a number of very different claims. Identifying the type of claim the individual actually wishes to bring depends on the facts of each case. It is for this reason that we recommend you seek legal advice from a professional, who is a recognised specialist in this area.
How long do you have to contest a Will?
The time limit within which you must issue your claim at court, will depend upon the type of contesting a Will claim you intend to bring. We strongly recommend that you seek legal advice immediately. Do not delay, otherwise you may find yourself time-barred and prevented from bringing the claim at all.
6 Months – There is a short time limit of only 6 months from the date of the Grant of Probate, in claims for maintenance under the Inheritance (Provision for Family and Dependants) Act 1975.
No Time Limit – It is a commonly held misconception that you have 12 years from date of death to challenge the validity of a Will. This is incorrect. There is in fact no time limit for such claims.
Who can challenge a Will?
In order to have "legal standing" to bring a challenge to the validity of a Deceased persons Will, you must be a beneficiary of a greater share under a previous Will (if they had one), or a beneficiary under the laws of intestacy (where there is no previous Will). It is wrong to assume that everyone can contest a Will, in such circumstances.
If the current Will subject to challenge is successfully overturned and declared invalid, the Deceased’s directly previous valid Will, will usually be resurrected. In the event that an overturned invalid Will creates an intestacy, there is a strict hierarchy of relatives in those circumstances who will then inherit the Deceased’s Estate.
You must therefore be satisfied that you are a beneficiary under a previous Will (or intestacy), before bringing such a claim. Hewitsons specialist team can establish whether you have the requisite legal standing and in turn, sufficient merit to investigate the claim further.
There are a number of other Will disputes, aside from challenging the validity of a Will. Depending upon the type of claim, there may be certain categories of individuals only who can bring a claim, set out within legislation. Due to the very diverse nature of claims that can be brought againfst a Deceased individuals Estate, it is advisable to obtain specialist advice, from the very outset. For free advice on whether you can contest a Will, call 0330 311 0885 or email us at willdisputes@hewitsons.com.
If the current Will subject to challenge is successfully overturned and declared invalid, the Deceased’s directly previous valid Will, will usually be resurrected. In the event that an overturned invalid Will creates an intestacy, there is a strict hierarchy of relatives in those circumstances who will then inherit the Deceased’s Estate.
You must therefore be satisfied that you are a beneficiary under a previous Will (or intestacy), before bringing such a claim. Hewitsons specialist team can establish whether you have the requisite legal standing and in turn, sufficient merit to investigate the claim further.
There are a number of other Will disputes, aside from challenging the validity of a Will. Depending upon the type of claim, there may be certain categories of individuals only who can bring a claim, set out within legislation. Due to the very diverse nature of claims that can be brought againfst a Deceased individuals Estate, it is advisable to obtain specialist advice, from the very outset. For free advice on whether you can contest a Will, call 0330 311 0885 or email us at willdisputes@hewitsons.com.
Cost of contesting a Will
It is very difficult to say at the outset what the overall costs of contesting a Will may be. As part of your free initial consultation we will establish the nature of your claim and provide a fee estimate of
any
initial work to be undertaken. The majority of cases can be resolved without court intervention. Others may require the courts involvement and case management. Much depends upon the complexity of the claim
and the
stance to be taken by the opponents in the case.
Litigating any claim through the Court can be costly and it is incorrect to assume that costs in these types of cases, will be paid out of the Deceased’s Estate. Ultimately, where court proceedings have been
issued,
it is at the discretion of the Court where the costs fall, however more often than not, it is the losing party who bears the winning party’s costs, in addition to their own.
We recognise that contesting a Will claims are often complex and emotionally charged. We appreciate that in most cases, your primary objective will be to dispose of the dispute as quickly and cost-effectively
as
possible.
Hewitsons have a team of solicitors who are experienced in providing the specialist knowledge required to resolve these disputes at highly competitive rates. The focus of our solicitors is to achieve a
negotiated
settlement, where possible, in order to minimise costs. We actively promote dispute resolution methods such as mediation and a good deal of the advisory work we do relates to how settlements might be
structured so as
to avoid costly court proceedings.
If settlement discussions are unsuccessful, we have a proven track record of success at trial.
Call us for free advice on
0330 311 0885 or email us at
willdisputes@hewitsons.com.
The legal grounds for contesting a Will
In terms of challenging the validity of the Deceased's Will, the grounds for challenging a Will are limited. Testators are meant to have complete testamentary freedom when it comes to making a Will and can
leave
their Estate to whoever they wish, as long as the Will is valid to start with.
The grounds for disputing a Will are as follows:
- The Will was not correctly signed and witnessed
- The signature on the Will is not the Deceased's signature
- The Deceased lacked testamentary capacity at the relevant time
- The Deceased did not know and approve of the contents of the Will
- The Deceased was subject to the undue influence of another person
For more information on the grounds for contesting a Will, please contact one of the Hewitsons Will dispute lawyers on 0330 311 0885 or email us at willdisputes@hewitsons.com.
What to do if a Will is challenged
If you are an Executor or Administrator of a Deceased person’s Estate, or a beneficiary under the Deceased’s Will or intestacy, you may be faced with a situation where you are notified of a potential claim
upon the
Estate. Such a claim may impede the administration and ultimate distribution of the Estate, until the dispute has either been resolved or disposed of. In such circumstances it is very important to seek
specialist
legal advice on the merits of the potential claim and how best to respond, as soon as you receive notification of the dispute. We have a team of approachable, responsive solicitors, all of whom are members of
the
Association of Contentious Trusts and Probate Specialists (ACTAPS).
Call us for free advice on
0330 311 0885 or email us at
willdisputes@hewitsons.com.
Inheritance Claims (“1975 Act Claims”)
Under English law, it is acknowledged that Testators should have complete testamentary freedom and be able to leave their estate to whoever they wish, provided the Will is valid. However, there is an
exception to
this principle under The Inheritance Act (Provision for Family and Dependants) 1975. This Act recognises, that where an individual was dependent upon the Deceased, the Deceased owes that individual an
obligation to
make provision for them from their Estate.
Call us for more information on
0330 311 0885 or email us at
willdisputes@hewitsons.com.
Who can bring an Inheritance Act claim?
To bring such a claim, you must fall within one of the classes of applicant listed below:
- The spouse or civil partner of the Deceased
- The former spouse or former civil partner of the Deceased
- Cohabitant (who lived with the Deceased for a minimum period of two years immediately before their death as the husband or wife of the Deceased)
- A child of the Deceased
- A person who was treated as a child of the Deceased
- Someone who was maintained by the Deceased immediately before their death
What are the grounds for bringing an Inheritance Act claim?
To bring a claim under the 1975 Act, the Deceased must have lived in England or Wales. In addition, you must be a potential claimant who falls within one of the classes of applicant set out under S.1 of the
Act
(referred to above).
If you are a qualifying Claimant, to bring a successful claim, you must be able to evidence that the Will (or intestacy where there is no Will), fails to make reasonable financial provision for you
If the Will or intestate Estate fails to make reasonable financial provision for the applicant and this is deemed unreasonable, then the Court has the discretion to make appropriate provision for the
applicant from
the Deceased’s Estate. What is reasonable financial provision, will depend upon the size and nature of the Deceased’s Estate.
Call us for more information on
0330 311 0885 or email us at
willdisputes@hewitsons.com.
What is the time limit to bring an Inheritance Act claim?
A claim under the 1975 Act must be brought within 6 months of the date of the Grant of Probate (or Grant of Letters of Administration where there is no Will).
To bring a claim outside of the limitation date requires the permission of the Court and is given in exceptional circumstances only.
Don’t delay contacting our specialists, the first 30 minutes is completely free call
0330 311 0885 or email us at
willdisputes@hewitsons.com.
Defending an Inheritance Act claim
All Personal Representatives of an Estate (Executors or Administrators) will be joined as a Defendant to any claim under the 1975 Act and are required to file certain evidence.
Since it is the Personal Representative’s job to collect in and administer the Deceased’s Estate only, such a claim should not be treated as a hostile action against those representing the Estate. Personal
Representatives are therefore meant to adopt a “neutral stance” in such claims, to avoid being personally at risk on costs.
It is for the beneficiaries under the Will (or intestacy) to actively defend the claim and/or seek to explore a settlement with the Claimant.
If you need professional help call our expert lawyers on
0330 311 0885 or email us at
willdisputes@hewitsons.com.
Wills & Estate Disputes News
To donate or not to donate?
With Britain in the throes of a pandemic, a significant change in the law relating to organ donation in England earlier this year may have gone largely unnoticed.
by: Chloe HarbuttPrivate Wealth
Remember a Charity Week
We are used to making charitable donations during our lifetime. A pound here, a few pounds there – all for a good cause. There are numerous ways of giving to charity. However, only a few of us leave a gift to charity in our Will.
by: Hauke HarrackCharities
Video witnessing of wills to be allowed
The government announced on 25<sup>th</sup> July that it would introduce secondary legislation from September to allow for the witnessing of wills by video link. The rules will be back dated to 31<sup>st</sup> January 2020 and will remain in force until 31 January 2022.
by: Carolyn BagleyPrivate Wealth
Will Signing Update
The Press has been speculating again recently about the Ministry of Justice and a possible change to the law concerning the rules on Will signing during the pandemic.
by: Carolyn BagleyPrivate Wealth
Your Will – Getting It Right
During the pandemic more and more people are thinking about making or updating their Wills.
by: Hauke HarrackPrivate Wealth
How can I investigate the Deceased's testamentary capacity to make a Will?
Following an individual’s passing, it is not uncommon for the contents of their Will to fail to meet the expectations of their beneficiaries, or other family members.
by: Tiffany Benson
Intestacy Update
Dying intestate means without having made a valid Will. In these circumstances, the law sets out who is entitled to inherit the assets of the deceased person and the order in which they inherit.
by: Jennifer KochPrivate Wealth
Remember a Charity in your Will Week 2019
Following last year’s disappointing news that the UK was no longer amongst the Top 10 of the world’s most generous countries, the <a href="https://www.cafonline.org/about-us/publications/2018-publications/caf-world-giving-index-2018">CAF World Giving Index 2018</a> found a reversal of this trend amongst most of the top- scoring Western countries (including the UK, now in 6th place).
by: Hauke HarrackCharities
Testamentary capacity explained
Testamentary capacity is one of a few limited grounds upon which a Will can be challenged. Testamentary capacity is the legal term used to describe a person’s legal and mental ability to make or alter a valid Will.
by: Tiffany BensonPrivate Wealth
Rare rule invoked where it was impossible to determine which spouse died first
The High Court in the case of <em><u>Estate of James Scarle</u></em><u> v <em>Estate of Marjorie Scarle</em> [2019] <em>EWHC 2224 (Ch)</em></u>, has this month ruled that there was simply not enough evidence to determine who died first, invoking what is known as the Commorientes Rule.
by: Tiffany BensonPrivate Wealth
John Beecham – who would argue over his estate if he is killed?
John Beecham has had a number of dangerous encounters and injuries already in his life. If he dies, will there be an argument over his estate?
by: Carolyn BagleyPrivate Wealth
How easy is it to contest a Will?
Hewitsons are regularly consulted by individuals who wish to contest the validity of someone’s Will after their death. Disputing the validity of a Will successfully is not straightforward and can be especially challenging. The ground upon which you seek to rely in order to set the Deceased’s Will aside and the evidence you amass in support of proving that ground, will influence the strength of any claim that is ultimately made.
by: Tiffany BensonPrivate Wealth
The Dangers of Using an Unregulated Will Writer
A recent study undertaken by IRN Research revealed that 19% of people who made a Will in 2018 used Will Writers, rather than a solicitor. However, the report also reveals that the majority of those people were not aware that Will Writers are unregulated.
by: Alexandra SvennevikPrivate Wealth
New Year – New Will?
<p>For many people this time of year is an opportunity both to reflect on the year just gone and make plans for the one ahead. Life is busy for all of us and making sure personal affairs are in order can slip down the list of priorities. </p>
by: Carolyn BagleyPrivate Wealth
How to contest a Will
<p>Contesting a Will can be a complicated legal challenge to bring successfully. It is strongly recommended that specialist legal advice is obtained from the outset. </p>
by: Tiffany Benson
Choosing Guardians for your children - some dos and don'ts
The issue of who to appoint to be the Guardian of your minor children after your death comes up time and again in our meetings with clients. The same misconceptions abound: for example, surely the next of kin of the deceased parents would automatically have custody of minor children? Aren’t godparents and guardians the same thing?
by: Elizabeth HerbertPrivate Wealth
Careful Will planning turned a family tragedy into £41million charity legacy
Richard Cousins, a successful business man, sought legal advice for preparing a new Will in 2016. In his Will he made a provision that should his two sons die with him he would like the bulk of his wealth to go to a charity of his choosing; Oxfam. This is known as a common tragedy clause.
by: Ciara WanstallPrivate Wealth
Can you make a paperless Will by text?
<p>An Australian court has accepted an unsent draft text message on a man’s mobile phone as his official Will. Although this wouldn’t be valid in England – yet - there is a move towards it which makes this case relevant to us.</p>
by: Rachel HawkinsPrivate Wealth
Remember a Charity in your Will Week 2017
We are very much used to making charitable donations during our lifetime. A pound here, a few pounds there, it is all for a good cause. There are numerous ways of giving to charity. However, only a few of us leave charities a gift in our Wills.
by: Hauke HarrackCharities
Decision not to work proved fatal to Inheritance Act claim
<p>A recent decision of the Central London County Court in <em>Ames v Jones</em> is attracting some media attention and we comment on the decision here.</p>
by: Hewitsons LLPDispute Resolution & Litigation
Power to make gifts – new OPG guidance for deputies/attorneys
<p>One might think that, having received the power to act in respect of one’s parents’ financial affairs, this would include dealing with the gifts which they had been in the habit of making, or might have wished to make.</p>
by: Hewitsons LLP
Reasonable financial provision: The right to buy.
<p>Warner –v- Lewis [2016] EWHC 1787 (Ch)</p> <p>In a noteworthy decision, the High Court has awarded a 91 year old man the right to purchase the home which he shared with his deceased cohabitant under the Inheritance (Provision for Family and Dependants) Act 1975.</p>
by: Hewitsons LLPDispute Resolution & Litigation
Post Brexit Private Wealth Comment
<p>This article seeks to provide a broad outline of some of the eventual impacts of Brexit to the private wealth sector.</p>
by: Hewitsons LLPPrivate Wealth
Hewitsons’ solicitor walks the Great Wall of China for Alzheimer's Society
<p>Amy Wallhead, a private client solicitor for law firm Hewitsons, has taken up the challenge of walking the Great Wall of China to raise money for Alzheimer’s Society</p>
by: Hewitsons LLPCharities
A New Year - A New Will!
<p>Happy New Year! Not so long ago you may have made a list of New Year’s Resolutions and, if you are particularly keen, may have already crossed one or two tasks off that list.</p>
by: Hewitsons LLPPrivate Wealth
Hewitsons to deliver free Dementia Friends sessions
<p>Amy Wallhead, a private client solicitor at Hewitsons, has recently trained to be a Dementia Friend Champion and will be delivering four Dementia Friends Sessions at the firms Cambridge office in the coming months.</p>
by: Hewitsons LLPPrivate Wealth
Remember a Charity in your Will Week, 2015
<p>There are numerous ways of giving to charity. However, only a few of us leave charities a gift in our Wills.</p>
by: Alan TaylorPrivate Wealth
Can your Will be ignored?? Ilott v Mitson
<p>According to various headlines this morning, the answer is yes! Unsurprisingly, the real answer is more complex.</p>
by: Hewitsons LLPPrivate Wealth
VARIATIONS – A TAXING QUESTION?
<p>On 19th March the Chancellor announced a review of Deeds of Variation to crackdown on tax avoidance. Carolyn Bagley, Partner at law firm Hewitsons, examines the usage of Variations and the case against abolition.</p>
by: Hewitsons LLPPrivate Wealth
Your WIll - 6 key questions
<p>Farmers can waste thousands on Wills, because it’s easy to overlook non-tax questions crucial to the Wills’ effectiveness. Kipling’s “six honest serving men” questions can assist you.</p>
by: Hewitsons LLPPrivate Wealth
Hewitsons appoints first female Senior Partner
<p>Hewitsons has announced that Clare Colacicchi is to take on the role of Senior Partner from Charles Hewitson. Charles will provide continued support to the new senior team.</p> <p> </p> <p> </p>
by: Hewitsons LLPPrivate Wealth
Who will look after you?
<p>With Mental Health Awareness Week last week (11th to 17th May) and Dementia Awareness Week starting this week (17th to 23rd May), Bernadette O’Reilly, a partner at Hewitsons, explains why it’s sensible to put plans in place now should the worst happen in the future.</p>
by: Hewitsons LLP
Chariots of Fire 2015
<p>Today is the official launch of Chariots of Fire 2015 and this year all sponsorship monies raised from the charitable relay race will go to this year’s official charity East Anglia’s Children’s Hospices (EACH).</p>
by: Hewitsons LLPAgriculture, Food and Rural Business
Inheritance Tax, but not as we know it?
<p>In April and November of last year the National Audit Office (NAO) issued two reports heavily criticising the way that HMRC administer tax reliefs.</p>
by: Hewitsons LLPPrivate Wealth
The Care Act 2014
<p>The first part of the much talked about and consulted on Care Act 2014 comes into force in England and Wales on 1 April 2015.</p>
by: Hewitsons LLPPrivate Wealth
A European Home and English Will
<p>New regulations from the EU could simplify the administration of your estate if you die owning a property on the Continent - provided you have amended your Will.</p>
by: Hewitsons LLPPrivate Wealth
Beneficiary Penalised for Unreported Lifetime Gift
<p>HMRC sent a tax penalty of £113,794 to a businessman for not replying to the executors of his father’s estate to report an offshore lifetime gift.</p>
by: Hewitsons LLPPrivate Wealth
News from Scotland
<p>As the Scots Prepare to usher in a New Year, there has been a review of three areas of Law which can affect not just those living in Scotland but people born there and people with assets there.</p>
by: Hewitsons LLPPrivate Wealth
Autumn Statement 2014
<p>The Autumn Statement has introduced a number of changes affecting individuals’ tax affairs and Inheritance Tax and key points are summarised below.</p>
by: Hewitsons LLPPrivate Wealth
New Intestacy Rules in Force
<p>If you die without a Will, the intestacy rules set out who will inherit your assets. New rules come into force from 1 October 2014.</p>
by: Hewitsons LLPPrivate Wealth
Estates and Estate Preservation Trusts - The Cost of Using a Solicitor?
<p>When considering the cost of using a Solicitor (trained, regulated and insured), it is worth considering the price of using a “lawyer” (unregulated and no training or insurance requirements).</p>
by: Hewitsons LLPPrivate Wealth
Wrongdoing by Executors Triples
<p>Official court statistics indicate that the number of claims against executors for breaches of fiduciary duty have more than tripled in the past year, reaching 368 in 2013.</p>
by: Hewitsons LLPPrivate Wealth
Who decides on your care?
<p>BBC Radio 4 hosted an interesting discussion on the 31st July concerning health care of the elderly and the question of who does, and who should, make the decisions.</p>
by: Hewitsons LLP
STEP change in Will preparation
<p>Having a Will prepared is one of the most important steps a person can take towards ensuring their family’s security into the future.</p>
by: Hewitsons LLPPrivate Wealth
Lasting Powers of Attorney – How are you feeling today?
<p>Whilst almost a million people have chosen to make Lasting Powers of Attorney (LPAs) since these were introduced in 2007, there is a real concern about the vast majority of those LPAs only relating to property and financial affairs and not to health and welfare issues.</p>
by: Hewitsons LLP
Budget 2014 - IHT - the good, the bad, and the ugly
Amongst various other tax measures, in this year’s Budget the Chancellor also announced a small number of tax measures in relation to Inheritance Tax.<br>
by: Hauke HarrackPrivate Wealth
Joint Bank Account - When you can't sign a cheque
<p>If your partner loses mental capacity, can you continue to use your joint bank account if it’s “either to sign”? Apparently not.</p>
by: Hewitsons LLPPrivate Wealth
Powers of Attorney and Banks – new system
<p>Powers of Attorney and Banks – new system On BBC Breakfast today Lloyds Bank announced an initiative with The Alzheimer’s Society to help people with early stage dementia.</p>
by: Hewitsons LLPPrivate Wealth
Hewitsons supports Peterborough 900 Campaign
<p>On 10th October 2013 Carolyn Bagley & Catherine Ball, both Partners within Hewitsons Private Client team, were guest speakers as part of the Peterborough 900 Campaign, which aims to raise £10 million in celebration of the 900th Anniversary of Peterborough Cathedral in 2018.</p>
by: Hewitsons LLPPrivate Wealth
Pension Allowances Reducing
<p>There is a maximum amount (allowance) which a person can accumulate in pension savings without having to pay an additional tax charge once they take their pension benefit. This is gradually being reduced and from 6 April 2014 will reduce again to £1.25m.</p>
by: Hewitsons LLPPrivate Wealth
Will-Writing Company makes invalid Will
<p>Will someone who holds themselves out as a Will writer be suitable to make your Will? In a case earlier this year (Schrader v. Schrader) a Will Writing Company made a Will for an elderly lady which favoured the son on whom she depended for her daily care (Nick) over her other son.</p>
by: Hewitsons LLPPrivate Wealth
Banks freeze joint accounts if husband loses capacity
<p>Couples often think that owning everything jointly means that they don’t need to protect each other by giving a Lasting Power of Attorney (LPA) to their spouse. However, there has been a reminder that this isn’t the case.</p>
by: Hewitsons LLPPrivate Wealth
BBC recommends solicitors
<p>BBC One's "You’ve Been Scammed" has reported on Will Makers of Distinction Limited who used their position as Will Makers to steal the client’s Estate and then went into liquidation.</p>
by: Hewitsons LLPPrivate Wealth
Inheritance Tax: limiting the deduction for liabilities
<p>The Government’s recent Budget announced new anti avoidance measures which will affect the inheritance tax (IHT) treatment of liabilities to reduce the value of an estate.</p>
by: Hewitsons LLP
Farm partnerships accidentally caught by anti avoidance tax
<p>This affects farmers who:-</p> <p>farm in partnership, and have added a company as a partner, and own a house within the partnership Often the company will have been added to the Partnership to save income tax by redistributing income to a service company, keeping the farming and the ancillary services separate.</p>
by: Hewitsons LLPPrivate Wealth
Treasury Turns Philanthropic - Good for U!
<p>Good news for charities and wealthy philanthropists: there will be no limit to the amount of tax relief which a philanthropist can receive as a result of donating to charity.</p>
by: Hewitsons LLPPrivate Wealth
Are you ready for your biggest deal?
<p>Cambridge has a number of successful entrepreneurs and business people. This is of course good for the economy and reputation of the city and indeed the country as a whole.</p>
by: Hewitsons LLPPrivate Wealth
Tax Relief on Selling your Parents' Home?
<p>The Telegraph (29th May 2012) reports on an estimate by NFU Mutual that £90m of tax refunds could be available. This is based on an inheritance tax relief designed to help people who inherit a house (or any land) while the property market is falling.</p>
by: Hewitsons LLPPrivate Wealth
Wills? Your Questions Answered
<p>Can anyone make a Will? No, but most people can. It just needs sufficient understanding of your assets and family obligations, plus maturity.</p>
by: Hewitsons LLPPrivate Wealth
When leaving a Nil Rate Gift backfires
<p>The Transferable Nil Rate Band seemed a welcome inheritance tax sweetener in 2007 to offset the onerous trust tax changes brought in by the Finance Act 2006.</p>
by: Hewitsons LLPPrivate Wealth
Would you willingly give 50% of the value of your business to the Taxman?
<p>Without proper planning it's all too easy to go down this path!</p>
by: Hewitsons LLPPrivate Wealth
National NHS complaints and feedback forum
<p>Last Friday Amy Wallhead, a Private Client solicitor in our Cambridge Office, was invited to give a Dementia Friends presentation to the National NHS Complaints and Feedback Forum which was held at Lewisham Hospital.</p>
by: Hewitsons LLPPrivate Wealth
Paying Income Tax on Expenditure
<p>A recent First Tier Tax Tribunal case has confirmed that it is possible for someone to be liable for income tax on a payment they have made to someone else.</p>
by: Hewitsons LLP
Suggested Changes to the Law of Intestacy
<p>The Law Commission has just completed its review of the law relating to intestacy and family provision and presented two draft bills dealing with these areas of law to the government.</p>
by: Hewitsons LLPPrivate Wealth
Partner's Bungalow not Agricultural Property
<p>The Upper Tier Tax Tribunal has upheld HMRC’s appeal against the First Tier Tribunal’s decision in the case of Atkinson v HMRC. The case turned on whether or not a bungalow was occupied for the purposes of agriculture.</p>
by: Hewitsons LLPPrivate Wealth
