The Government has bowed to pressure from families, taxpayer groups and probate solicitors by announcing a U-turn on its plans to increase probate fees – a move which had been branded as a “stealth tax”, a “death tax”, and an “abuse of power” by assorted critics, including MPs. There was also criticism regarding the legality of the fees, with some claiming that they were being pushed through via statutory instrument without the parliamentary scrutiny that is typically required. Furthermore, the fees were not proportional as the cost of administering a Grant of Probate does not depend on an estate’s value.Some…

According to the Alzheimer’s Society around 850,000 people in the UK have dementia, with this figure set to rise to more than 1 million by 2025 and more than 2 million by 2051. The organisation says that 225,000 people will develop dementia this year – that’s one roughly every three minutes.The possibility for a disputed Will increases when there is a mental health issue, so, it is vital for anybody with assets – no more matter how small – to keep an up-to-date Will in place so that their wishes are clear in the event of mental incapacity or death.…

Making a legally binding Will is the only way you can be assured that your estate, i.e. your money, property, investments and other assets and possessions, will be distributed in the way you wish them to be after your death. If you do not ensure that the document is legally enforceable and do not update it as and when necessary, it may unfortunately come to pass that your estate’s future does not align with your wishes. A recent High Court disputed probate case, Naylor & Another v Barlow & Others, proved illustrative of the above fact and has particular relevance…

Divorce is at its worst when it becomes acrimonious, undermines feelings of security and has the ability to dominate and adversely affect the ongoing lives of those involved. As such, any area of family law which increases the potential for the above needs examining. The progression of family legislationIt is fair to say that various acts of parliament, including The Inheritance (Provision for Family and Dependents) Act 1975, the Children Act 1989 and The Marriage (Same Sex Couples) Act 2013 have gone some way to enhancing and protecting the interests of couples and children from all family types who are…

Losing a close friend or family member is traumatic in any circumstance. However, it is when the bureaucracy of death takes over, becoming a complicated and time-consuming burden, that things can seem particularly difficult, preventing those concerned from being able to grieve fully and without interruption.From obtaining medical certificates to organising funerals and registering deaths, there are so many practical matters to attend to that handling the death of a loved one can begin to feel more like an administrative hurdle to overcome than the end of a precious life. And this is not to mention probate, which can be…

Francis Bacon famously said that “money is a great servant but a bad master” and over the years this quote has been adapted to fit with the truth of technology; it truly is a great servant but as a master is likely to have significant failings.This is nowhere truer than the legal services market, where technological innovation works to simplify processes and reduce costs. Technology is undoubtedly to the benefit of the user, but when it only serves to frustrate human interaction and to create a feeling of helplessness and automation, it is not the assistance one would hope for.Probate…

There’s no denying it, divorce and separation creates a raft of consequences. With the breaking up of familiar relationships children immediately have their lives rearranged, as one parent, typically the father, leaves the family home.When it comes to who cares for a child, the mother automatically has parental responsibility from birth. Fathers will have parental responsibility if they are either married to the child’s mother or are named on the birth certificate. Having parental responsibility typically affords you the right to maintain a relationship with children (as long as there are no injunctions or prohibitive orders in place to prevent…

Last month Mr Justice Moor, sitting in the English family court, reached an important decision in the divorce case of Pierburg v Pierburg – between Gisela Pierburg, “the Wife” and Jurgen Pierburg, “the Husband”.The so-called “Eurostar” divorce case concerned a dispute about whether the divorce should be resolved in England or Germany and indeed whether England had jurisdiction to hear the divorce petition.The Wife, believing that she had met the necessary habitual residency test, submitted an English divorce petition on 12 January 2018. Exactly one month later, the Husband issued his German divorce petition in the Berlin-Schoneberg District Court. He…

The probate process can be complicated, stressful and protracted; with the time it takes to complete the administration largely dependent on the size and complexity of the estate. However, in cases where there may be doubts about the integrity or legality of a Will or how the process is being handled, things can quickly become even more fraught.Losing a family member or other loved one is an inherently emotional time and, for many, this can lead to feelings of extreme reticence when dealing with the deceased’s affairs, even when there might be strong grounds for challenging probate. Fortunately, with the…

Blame is seldom a useful emotional response. Yes, it can be used to apportion responsibility and to mete out accountability for certain criminal actions, but within the context of relationships and, specifically, marriage and divorce, it serves little to no practical purpose, can be counterproductive and furthermore, when children are involved, is only likely to increase the impact of emotional trauma.The futility of the blame game is just one reason why it is such a relief to learn that the government will be changing divorce laws in England and Wales to ensure that no divorcing spouse will ever again have…