Can you contest a will? Michelle Hayter talks about grounds for contesting a will, how long you have to contest a will, and who pays for contesting a will? Also whether you can contest a will after probate, and recommended solicitors for contesting a will in Bournemouth, Poole and Christchurch.
Current application fees When a loved one passes away, one of the key steps in administering their estate is making an application for Probate. This application currently has a court fee as follows: 1. The estate is worth less than £5,000 ...
How does care home funding work? Who pays for residential care? How much does a care home cost? Lee Young, partner and solicitor from our Ringwood office, provides an introduction care funding.
If you've owned your home for a number of years, it's likely that you have built up significant equity in it. To release a portion of this wealth downsizing is one option, but equity release enables you to release a tax-free lump sum, without having...
When someone dies, they leave behind an ‘estate’. Their estate is formed from all their money, assets, property, possessions, debts, and liabilities. As you might imagine, bringing together and valuing all these different items can be a...
Neighbour problems, such as boundary disputes, can be notoriously difficult and expensive to resolve. Lengthy and expensive disputes This was highlighted recently in a case where a London family lost their £600,000 home, which they had lived in for...
There have been a number of changes in the last few years which have an implication on buying or selling a second property in the UK. This applies to property which is not your main residence but an investment or holiday property. Consultation on Capital...
The Partners at Frettens Solicitors were delighted last week to announce the opening of a second office in Ringwood in July 2018. Who will be based at Ringwood? The Ringwood team...
The Partners of Frettens Solicitors are excited to announce that they will be opening a brand new office in the heart of Ringwood in July 2018, making Ringwood a second home for the ever-growing Frettens family. A full service law firm for Ringwood ...
When you are a parent to young children, life can be a daily demanding obstacle course! Getting everyone up, ready for nursery/school and getting into work… then after a busy day at work, coming home, cooking for the family, helping with homework,...
Your main residence is exempt from capital gains tax because of private residence relief, which negates any capital gains. When someone owns more than one property however, the tax position becomes more complicated. The main residence Unless you confirm...
The Ministry of Justice has launched a scheme to refund those who may have overpaid when applying to register powers of attorney. The scheme applies to any lasting power of attorney (LPA), or enduring power of attorney (EPA) that was registered with the...
When a person dies without leaving a valid will they are said to have died intestate. Dealing with their estate can be very complicated. When someone dies intestate If this happens to one of your relatives, it is best to seek legal advice as soon as...
A mirror will is when you and your partner make almost identical wills. These usually leave everything to each other respectively should one partner die before the other and if they die at the same time, everything is passed to children or the same named...
You need values of any money, property and possessions (known as their estate) of someone who’s died, on the date of their death, before you are able to get a ‘grant of representation’. This is the legal right to deal with their estate . ...
When someone dies, their assets (known as their estate) worth over £325,000 are liable for inheritance tax at a rate of 40%. This is the standard nil rate band and there is also a residence nil rate band which can make a higher proportion of the...
Frettens Solicitors is delighted to report that it has been recognised in specialist areas of 'The Legal 500' again for 2017-18. This marks the eighth year in a row that the firm has been recognised by the independently researched guide to law firms...
This is a difficult subject for everyone, especially when it concerns family or close friends. Challenging a will is emotionally charged but you may realise after a loved one has died that they either changed, or wrote their will whilst suffering from...
Your estate is the sum total of the value of your assets, including property, cars, jewelry, etc. The normal situation is that, when someone dies, if their estate is worth more than £325,000 and is not being passed to a charity or to their...
Frettens Solicitors is delighted to welcome three new members of staff to their Property, Wills & Tax and Commercial Teams. Kym Brooks joins the Conveyancing Team . Kym is a dual qualified solicitor, having qualified in South Africa as an...
If your mother has written a will, would you have to seek probate to authenticate the will when the time comes that she passes away? Often people assume that, once a will is written and signed, they will not need probate. Lee Young , a solicitor and Head of...
Controversial plans to raise the legal fees payable after death are now to be shelved ahead of the general election. Probate court fees are paid to the government when someone dies and the personal representative of the estate needs a grant of...
A Lasting Power of Attorney (LPA) is a legal document that allows someone to make decisions for you, or act on your behalf, if you’re no longer able to or if you no longer want to make your own decisions or deal with your own affairs. Heather Varley...
If you have lost a loved one recently, you need to be aware of the increase in the probate court fees. The current fee is £215 for a personal application, or £155 if the application is made through a professional such as a solicitor. From May...
A living will is where you express your wishes about how you want to be treated and cared for in certain situations, in case the time comes when you do not have the capacity to make or communicate your decisions. The document sets out your wishes about...
It is anticipated that around a third of British people have written a will. Those that have dealt with this may therefore be satisfied that they have made appropriate arrangements to ease the burden for their family at the end of their lives. But, is a will...
Property is in the news at the moment – not enough houses, prices escalating and the government schemes to help first time buyers get on the property ladder. This is before considering the loan or gift by mum and dad to help with the deposit. For...
Your business has fire insurance, maybe flood insurance and computer system insurance, and you may well have “key man” insurance in place in case of your death, but what would happen to your business should you, or a partner, become physically or...
Frettens are pleased to announce some recent promotions at the firm. Head of Conveyancing Clare Hallett , is being promoted to Partner. Clare who joined the firm in 2002, trained and qualified at Frettens and has extensive experience in both...
When making a will, one of the most important decisions that needs to be made is who to appoint as executors. Being an executor involves a lot of responsibility and work so it is important to make sure that the people you ask are able and willing to take on...
The whole world now knows how Cilla Black left a huge inheritance in excess of £15million to her three sons. They are also due to inherit her £2million Spanish mansion and £1.5million Barbados penthouse which are in addition to her UK...
The current fee for an application to the Probate Registry for a grant of representation in all estates worth more than £5,000, when made via a solicitor, is £155, with an additional 50p charged for each office copy of the grant that is required....
Dentist, Norman Martin, failed to divorce his estranged wife despite having lived with his new partner, Joy Williams, in Dorchester of 18 years. On his death there was no provision for Joy, as Martin had failed to update his will to reflect his relationship...
ISA rules have recently been overhauled but a recent survey has shown that 77% of British adults have limited knowledge of them. Savvy investors know of the income tax and capital gains tax benefits of ISAs but what happens to those benefits upon death?...
Mental capacity means that a person is able to understand and retain information and make a choice based on that information. Unless it is proved otherwise every adult has the right to make his or her own decisions. Sadly people can lose their capacity to...
UK charities rely heavily on gifts left to them in someone’s will – this amounts to 13% of all charitable donations and can amount to £2billion a year. It shows why charities in the Dorset area, amongst others are becoming ever more...
Capital Gains Tax (CGT) is a tax on the increase in the value of an asset between the time it is acquired and the time it is disposed of. Only the gain is taxable, not the amount that you received for it – if you bought an asset, say an investment...
Around 38,000 families a year suffer the ordeal of prolonged probate from ineffective or poorly drafted wills. In a recent case which received national media attention Ms Aregbesola is seeking hundreds of thousands of pounds in compensation from Barclays,...
People aged fifty five and over are being bombarded with cold calls and emails offering bogus pension opportunities the Citizens Advice Bureau (CAB) has warned. After the Governments’ freedom of choice came into effect for the early draw down of...
The proposed changes in Inheritance Tax (IHT), being the introduction and the gradual increase in the so called “main residence nil rate band”, is due to begin to come into force from April 2017. Under current law if an individual’s estate...
If your last Will cannot be found after your death there is not much point in having written it in the first place. The signed Will is needed to obtain the grant of representation to enable your personal representatives to administer your estate after your...
Dementia has been brought into the headlines recently following the Oscar success of film ‘Still Alice’ and the sad passing of author Terry Pratchett. It is an illness that affects more than 800,000 Britons and the number of sufferers worldwide...
New measures were announced in the Chancellor’s Autumn Statement concerning the inheritance of Individual Savings Accounts (ISA’s). This could save married couples (or civil partners) thousands of pounds but it may be necessary to update your...
Seven months after the death of actor Robin Williams, his widow and children are in a legal battle to dispute his Will. There is a bitter disagreement over money and property between his widow, Susan Schneider Williams and his three children from his...
Mental capacity is broadly defined by the ability to make decisions in an informed way, in other words understanding what an LPA is and who you should appoint as your attorney. You might wrongly assume that your loved ones will sort things out if and when it...
Gone are the days when photos filled up shoeboxes and albums, bookshelves groaned under the weight of book collections and CD’s were everywhere. When a person died all these precious memories were shared out amongst their friends and family. Technology...
“The Inheritance and Trustees’ Powers Act came into force in October this year. It affects how intestate estates are distributed and how trustees can distribute income and capital to beneficiaries and apply to persons living in England and Wales...
There are two options: A Lasting Power of Attorney (LPA) that deals with property and finance and an LPA that deals with health and welfare. They are both different and come with different responsibilities. It’s easy to think that it’s never the...
Much of the current law relating to Wills dates back to the time of Queen Victoria – the Wills Act 1837. The Law Commission, which is a non-political body, was set up by Parliament in 1965 to keep all the law of England and Wales under review, and to...
The Government recently announced that Care Homes and home-care agencies are to come under the same scrutiny as failing hospitals. The special measures system introduced by the Care Quality Commission (CQC) to improve failing NHS hospitals across England is...
Question : We are married but neither of us has a Will. We both have independent children from previous marriages. Our house is owned outright but is in my husband’s name although I have contributed towards this quite significantly. We are partners in...
An executor is a person or persons appointed by you in your Will to deal with your affairs after your death. He/she will be authorised by the Courts to do this. Your executor will inform the next of kin, heirs and possible beneficiaries of your Will that...
When you die who do you want to benefit from your Will? Your nearest and dearest or the taxman? Inheritance Tax (IHT) is charged at 40% on everything over the ‘nil rate band’, which is currently set at £325,000 and which will remain at that...
I’m worried that when I die my money will be taken in taxes and none left for my family If your estate totals in excess of £325,000 then there will be Inheritance Tax to pay. Although this will depend on a number of factors, if your total worth...
Anyone can set themselves up as a Will writer and charge money for this service. They do not have to have any legal training or qualifications. A survey by the Society of Trust and Estate Practitioners (STEP) of their members, found that there was a...
What happens if the worst should happen? If you are divorced and have children but no Will, what happens to your estate? Would your children inherit or would your ex-husband have a claim? Wills & Tax Partner Lee Young says,...
It is estimated that almost 50% of people in the UK are connected to someone living with dementia. One of the biggest problems facing families and carers is how to deal with the banks which are not noted for being ‘dementia friendly’. No one...
Mrs Lorraine Feltham from Fordingbridge, head of a property letting company, has sued her step-grandmother’s lawyer for failing to change the 90 year old’s will in her favour, saying that it has cost her more...
The Partners at Frettens Solicitors are delighted to announce their recommendations in this year’s Legal 500 Directory. Matthew Fretten , Managing Partner and Head of the Commercial Team was noted for having a “ very responsive team...
2-Oct Are there problems ahead with the proposal by the Office of the Public Guardian to launch an on-line system for applying for a Lasting Power of Attorney (LPA)? The Public Guardian, Alan Eccles, said that ‘more and more people are taking the...
Even if you have a valid will you should consider keeping it updated, especially after any major changes in your life. It’s very easy to forget to change it after marrying, re-marrying, moving house, the death of your partner or a significant change in...
Malky Chaloner and Amy Leung have joined Frettens’ New Forest Offices, expanding the Wills & Tax and Conveyancing Teams. Malky is a solicitor in the Wills & Tax Team , working in both the Brockenhurst and New Milton...
There has been a huge amount of lobbying over the issue of will regulation over the last few months from within the solicitor’s profession, but the Lord Chancellor has rejected the recommendation by the Legal Services Board to bring will writing...
Making plans to avoid paying Inheritance Tax is not illegal. There are a number of ways to reduce your potential liabilty which are perfectly within the law and acceptable to HM Revenue and Customs. Inheritance Tax (IHT) is payable at 40% on the net value...
A Discretionary Trust is a legal arrangement where trustees have discretion about how to use the income of the trust and sometimes the capital. The trust is used to protect assets such as land, buildings or money for the benefit of the beneficiaries to the...
There are several ways of having a Will written but the most important thing you should consider is if your last wishes will be effective when you die – will your estate be passed onto the people you choose. Incorrectly drawn up Wills are all too...
A will is a legally binding document setting out a person’s instructions, wishes and bequests but there are several reasons whereby a will may be challenged including : • The will was not made in accordance with the law and is therefore invalid ...
To most of us talking about death is taboo. You might not want to think about what happens when you enter your last years of life, but if you don’t, you leave difficult decisions for those left behind. No-one knows when illness will strike but putting...
Yes! A Will is probably the most important document that you can make and trying to do it yourself could end up costing your family thousands of pounds to sort out after your death. One of the most common problems with a DIY Will is that it is not legally...
It’s a sad fact of life that an increasing number of people will lose their mental capabilities – and not only as they get older – it can happen to a young person, particularly if they have been involved in an accident. A recent estimate...
It is estimated that only 10% of newly married couples update their Will after marriage . Any major life event such as marriage, divorce, birth of a child or change in your financial situation have an impact both on your wishes and the distribution of your...
A short video article featuring Michelle Hayter , Dispute Resolution Partner talking about the rise of disputed wills . For a free initial meeting, please call 01202 499255 and Michelle or a member of her team will be happy to discuss...
What’s the difference? As former Chancellor of the Exchequer Denis Healey once said ‘the difference between the two is the thickness of a prison wall.’ Tax avoidance involves using legal means to reduce your current or future tax...
The Legal Services Board (LSB), the body which regulates lawyers in England and Wales, have called for urgent regulation of will writing. The LSB said that all firms who offer will writing and estate administration should be regulated, to protect consumers...
As part of David Cameron’s ‘Big Society’ the government has reduced the rate of Inheritance Tax (IHT) from April this year, in a bid to encourage more people to include a gift to charity in their Will. Lee Young heads our Wills and Tax...
A group of local Solicitors is teaming up to help people plan for the future and raise money for a local charity by taking part in Lewis-Manning Hospice’s “Make a Will Fortnight”, which runs from the 11th – 22nd June 2012. ...
Several clients enquire about protecting their assets from nursing home fees should one half of the couple go into nursing care. There is a common misconception that this can be done simply by altering the ownership of the property from Joint Tenants to...
First and foremost, a Lasting Power of Attorney (also known as an LPA) is a powerful legal document. Lee Young , Head of our Wills & Tax Team, explains “It permits you to appoint someone that you trust to make decisions on your behalf, either...
It is estimated that one in five men and one in three women will need to enter a care home at some time in the future and many others will need help with everyday living in their own homes. Local authorities are responsible for assessing your care needs and...
Michelle Hayter is a solicitor specialising in helping people to make a claim to dispute an inheritance and to take action when they feel that a will has not been made properly. Here, she answers some common questions. Q: What is meant by an...
Have you ever considered what will happen to your assets stored on line in the event of your death? This can include music, films and photos stored online. What about the disposition of online bank accounts, websites and financial data? Many sites like...
We noticed this interesting article on the BBC website recently and would like to share it with you as the points raised echo our thoughts on why you should have a will… Here’s an excerpt, please do click through to read the whole article. ...
More and more couples choose to live together without getting married or registering a civil partnership. If you’ve lived with your partner for several years, bought a house together, maybe had a family, you may think that if the relationship breaks...
It is entirely possible to apply for probate and deal with an estate without seeing a lawyer, but it’s not without risks. Heather Varley is a member of Solicitors for the Elderly and an Associate in Frettens’s Wills & Tax Team. She...
People are free to leave their assets to beneficiaries of their own choosing under UK law. However, this is subject to some safeguards including claims under the Inheritance (Provision for family and Dependants) Act 1975. Michelle Hayter , specialist...
This is an emotive issue for parents and one that needs to be very carefully considered. No one wants to think they will die young and leave their children orphaned but careful planning when making your Will can save bitter family battles in the event of...
An executor is someone nominated by you in your will to distribute the assets of the deceased person to the beneficiaries. Your executor can be a family member or trusted friend or a legal professional. Above all they should be trustworthy and knowledgeable...
Setting up a trust is a way of protecting assets – money, land, investments, property – for people. It is a legal arrangement where one or more ‘trustees’ are made legally responsible for the assets which have been placed in trust,...
It’s very easy to delay making a Will and many people think that it is only something you should do in later life. It’s actually one of the most positive, beneficial things you can do to protect your family’s future! A Will is a...
On 28th February 2011 a judgment was formally handed down in the High Court in a case which had attracted national press attention because it surrounded the Will and Estate of the late Paula Beken, the wife of the late Keith Beken, a famous photographer...
A Lasting Power of Attorney (sometimes referred to as an LPA) is a very powerful document where you give another person (your attorney) the authority to act on your behalf and manage your affairs, should you become incapable of doing this yourself. It is a...
On Friday (14 th January 2011), the BBC aired the first of an interesting series called “Can’t take it with you”. The series looks at a variety of issues surrounding writing a will; the first episode debated leaving money to...
Any land and buildings owned when someone dies are considered part of their estate for Inheritance Tax. The Inheritance Tax threshold for the tax year 2010-11 is currently £325,000. Inheritance Tax is also payable on some gifts – but not all...
A Living Will, sometimes called an advance decision or directive, should clearly indicate your specific wish to refuse all or some medical treatment during an illness or at the end of your life. It cannot be used to request medical treatment. Under current...
When a person dies without leaving a valid will they are said to have died intestate. Dealing with their estate can be very complicated. If this happens to one of your relatives, it is advisable to seek legal advice as soon as possible, as the law...
Frettens Solicitors and Princecroft Willis Chartered Accountants are holding a free seminar on saving tax and a drinks reception at Brokenhurst Manor Golf Club on 7th October 2010 between 5.30pm and 7.00pm. The seminar will look at tax efficient...
We are delighted to report that we have been recognised in four specialist areas of The Legal 500 Guide to Legal Service 2010. The Legal 500 is an independent guide to law firms and has become the largest and most in-depth survey of the UK legal market...
Solicitors or Will Writers – What is the Difference? Response to the BBC Panorama programme: The Final Rip Off The BBC’s “Panorama” programme, aired on 9 August 2010, revealed disturbing evidence of cases of mis-selling,...
Beer and Spice and all things nice 16th September 2010 Aimed at estate agents, financial advisers and accountants in the New Forest, we have organised an Indian buffet at Bombay Nights in New Milton on 16th September. We will introduce our key...
Although it is possible to write your own will, there are several legal formalities that must be followed to make sure that the will is valid. By making a legal will you can decide how your assets are divided up – if there is no will, the law decides...
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