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Blog Archives
Gifts and Lasting Powers of Attorney (“LPAs”)
Making gifts as an attorney acting under a registered LPA for property and financial affairs is fraught with difficulties and is an area which could give rise to criticism of the attorney and potentially an investigation by the Office of …
Posted in Shorter Reads
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How women can prepare for their greater exposure to IHT
Given that women on average live longer than men, it is more likely that women will inherit significant wealth from their spouses and other family members than their male counterparts. As a result, a recent study states that women have …
Posted in Shorter Reads
Tagged heritage property, inheritance tax, Inheritance Tax law, lifetime gifts, trusts, will
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A Question of Capacity
This guide, A Question of Capacity, outlines key points for consideration to ensure business owners put their businesses in the best position possible in the event of your incapacity.
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Coronavirus – Can I create a Will while observing social distancing?
Commentators have argued for decades that the rules governing the preparation and execution of Wills are outdated. However, the current tests posed by coronavirus are like nothing contemporary legal practice has seen before. The valid execution of Wills is governed …
Posted in Shorter Reads
Tagged CoronaVirus, social distancing, will
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Coronavirus: Tax and Estate Planning Tips in the Lockdown
Being optimistic, we have been giving some thought to what positives we can draw from these dark and difficult times. Being at home for an extended period and having more time provides an opportunity to get on with the tasks …
Posted in Longer Reads
Tagged CoronaVirus, estate planning, tax, TEP
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Coronavirus – Can you create a Will while self-isolating?
We have suggested six steps for how you can still think about your wills and estate planning in the current climate. (1) Use the time to think about your affairs The present circumstances may actually provide you with more time …
Posted in Longer Reads
Tagged CoronaVirus, COVID-19, will
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What happens if a will is found after an estate has already been divided?
What happens if, years after a relation has died and their estate has been distributed, a new Will with different beneficiaries is found? In a recently publicised case involving 9,000 wills stored by Lloyds Bank, Lloyds has promised to compensate those …
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Tax and Estate Planning team continues strong growth with new Partner hire
Leading Private Wealth law firm, Collyer Bristow, has appointed Tulin Hamit as a Partner in the Tax and Estate Planning team. Tulin is dual-qualified in the UK and Turkey and joins the firm from RadcliffesLeBrasseur. Her appointment is effective as …
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Why apathy isn’t good enough when it comes to Wills
This research chimes with Collyer Bristow’s own findings announced in our Age of Apathy report. Many parents operate under the belief that a Will is not necessary. This may be due to a perception that they do not have substantial assets, or that a Will would only codify what would happen anyway in law in the absence of a Will.There are a number of misconceptions in the public at large about what happens on death if the deceased did not leave a Will. Our Age of Apathy report founds that 23% of respondents presumed their assets would be inherited automatically by their surviving spouse. This reason was second only to the belief amongst respondents that they do not have the time to create one.On death the entitlement of your loved ones is determined by a rigid set of rules known as the ‘intestacy rules’. If you are survived by a spouse and at least one child then the assets of the deceased are divided between the spouse and children according to a predetermined formula. This can result in young children receiving assets outright at a young age. In addition, inheritance tax may be due at 40% over a the first £325,000 as only those assets passing to a spouse benefit from the 100% spouse exemption from inheritance tax. This position is potentially made worse if a couple is in fact not married; in such circumstances the surviving partner is entitled to nothing and the entire estate passes to the child. This has potentially even greater inheritance tax consequences and is rarely the intention of the parent.There is never a bad time to make a Will. Whenever someone experiences a significant life event, for example getting married, buying a property or starting a business, they should consider what plans they currently have in place should they die unexpectedly. These are prime opportunities to write a Will.
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