Yes, but only if it clearly fits within what the law calls her best interests. As an attorney under a Lasting Power of Attorney, you don’t have an automatic right to make gifts, even if the amount seems small or reasonable. The key question is not whether the gift is affordable in practice, but whether it is consistent with your [...]

Hi Dee, and thank you for your excellent question. IN generic terms, this is what generally happens in practice (each estate of course having its own articular peculiarities). IHT payable against cash assets is due before probate is issued. By definition therefore, money tends to be frozen at that point. However, many banks will release funds directly to the Revenue [...]

Hi Diane.  That's a really great question for which thank you!  It actually comes up quite a lot in practice.  The answer is yes, you can choose that to balance payments.  You do have other options too.  The first is to adjust the residuary percentages in the will, but that can be fiddly.  The other (and my preferred method) is [...]

What about you?  Are you recently a first time buyer?  Or, are you on the dreaded conveyancing wheel as a first time buyer right now?  How are you finding it?  What do you think solicitors could do better to help your particular concerns?  Let us know!

check out some of our articles aimed at the questions that first time buyers might have when making the very exciting step to buy their very first home! https://qlaw.co.uk/conveyancing/first-time-buyer-how-much-does-it-cost-to-buy-a-house/ https://qlaw.co.uk/conveyancing/a-simple-conveyancing-guide-for-first-time-buyers/ https://qlaw.co.uk/conveyancing/first-time-buyers-who-does-what-when-buying-a-house/ First Time Buyer - Choosing a Conveyancing Solicitor (qlaw.co.uk)

Hi Dave and thanks so much for your question. Yes, IHT is potentially payable against a whole estate, not just residue. And/but yes, gifts to charities are exempt from IHT. Also, if you leave more than 10% of your estate to charity then the remainder of your estate is charged at a reduced IHT rate of 36% rather than 40%. [...]

Hi there,Given your situation, it's crucial to consult with divorce financial settlement lawyers. They can provide specific advice on whether your ex-husband can claim part of your inheritance and what steps you can take to protect it. Generally, if the financial settlement wasn't addressed during the divorce, he might have a claim. However, a lawyer can guide you on how [...]

Hey Andre, and thanks so much for reaching out to QLAW. Whilst we cannot advise you specifically on your particular circumstances, this query does come up from time and time and is essentially one of a practical nature. If you (or anyone else) can 'buy out' the share wanting to leave then great. If you cannot, then there is no [...]

Hi and thank you for your question! This is an ongoing problem for many - with conflicting advice being given by HMRC and the Probate Registry. On the facts that you have provided, yes, it seems to be excepted. We suggest you call HMRC IHT Helpline to get a view from them, and then if the Probate Registry rejects your [...]

Hi and thanks for your question. Bank accounts are ‘valued’ for probate purposes as being the balance at close of business on the date of death, PLUS any interest that has accrued to that date, but has not yet been credited.