It is a sign of great trust to be named the executor of an estate in a Will, but it is also an onerous responsibility that not everyone will have the time and the energy to fulfil. The reality is that even the most organised and time-rich of individuals will find the assistance of a professional probate solicitor helpful.If you are to accept the role of executor, it is vital that you first understand the full ramifications of the position and the inherent responsibilities. This should begin with understanding that executor responsibilities commence almost at the point of death; although…
Author: Simply.Law
It would be tempting to simplify the government’s description of the new probate charges as a ‘fee’ rather than a ‘tax’ as being a clear example of a misnomer. But this would fail to address the basic problem with this choice of words and by failing to admit, at least publicly, that the new fee scheme is a tax, the government is entering dangerous or perhaps even Orwellian territory.There is nothing trifling about death and taxes, and the government knows this; after all, the new fee regime is predicted to raise around £155 million a year for the court coffers.…
The Central County Court contentious probate decision in Blyth v Estate of Charles Caudle has shown the importance of having a convincing body of evidence when contesting a Will, particularly if the claim is being brought in estoppel. What is a proprietary estoppel claim?Estoppel is a common law judicial instrument by which a court has the power to “estop” a person from reneging on their word. In the case of a contentious probate claim, the claimant typically asserts that they have been promised something by a deceased party and that this promise has not been accounted for in the Will…
Performance marketing may involve using various types of digital marketing and advertising channels, including the following Display ads include banner ads and other types of visual advertisements that display on websites your audience visits. These ads typically include a visual element with copy and link to a landing page where users may convert into leads or customers. Using online advertising platforms such as Google Ads, you can target your ads to users whose interests, demographics, or online activity matches.
Performance marketing may involve using various types of digital marketing and advertising channels, including the following Display ads include banner ads and other types of visual advertisements that display on websites your audience visits. These ads typically include a visual element with copy and link to a landing page where users may convert into leads or customers. Using online advertising platforms such as Google Ads, you can target your ads to users whose interests, demographics, or online activity matches.
London has long been the capital of so-called ‘divorce tourism’. In most cases this is because women with cross-jurisdictional interests who are getting divorced from their husbands believe that the English and Welsh family law courts are likely to award them a more favourable financial settlement than in most other jurisdictions while also offering greater rights in relation to their children.This background helps explain why during the summer of 2019, Princess Haya bint al-Hussein of Jordan made a number of applications before the High Court of England and Wales in relation to herself and her children. And now, Princess Haya…
Losing a loved one, particularly a close family member such as a spouse, parent, grandparent or sibling, is likely to bring with it innumerable practical and spiritual challenges.It is hard then, if when we are in the process of trying to digest our loss and attempting to recalibrate our positions in the world, we become bogged down by the bureaucratic demands of death and all the feelings of powerlessness and impersonality these can engender. Probate lawyers help smooth the processThis of course is why so many people opt to use the services of a probate lawyer to help administer an…
The very nature of the living means that contentious probate cases will continue to be a feature of the legal landscape year on year. As more and more individuals decide to challenge the Wills of relatives and loved ones, we can certainly learn from the what goes before. In 2018 there were a number of significant cases of contested probate which found their way into the courts.In fact, the number of cases involving a challenge to a Will are both too numerous and too complex for full consideration here. However, by reviewing a select trio of the contentious probate claims…
An important and interesting inheritance dispute claim has been heard at the High Court. The contested probate issue between stepsisters sought to establish which of their parents was the first to die in order to determine the way in which the estate’s assets should be distributed. The backgroundCoroners established that the married couple, John William Scarle, 79, and Marjorie Ann Scarle, 69, both died as a result of hypothermia while resident at their Essex home in 2016. The exact details of their deaths, which evidence revealed could have been at any time within a five-day period, were unclear.Given the way…
Buying a home, especially your first, is one of life’s major milestones. While it’s exciting and aspirational to be a house-buyer, the process can be fraught with pitfalls and problems.For some buyers, a major problem is emotion: your heart takes over when house hunting and you fail to see all the issues with a property and the land upon which it is built. Some things may be fairly easily rectified, such as removing an olive green bathroom suite, or a clearing a garden full of brambles, but there are some parts of property law which can be a little more…