Fiduciary duties of Executors & Trustees - what you need to know Fiduciary duties are those responsibilities we have to look after the best interests of others. What are Fiduciary duties? Fiduciary duties are those responsibilities we have to look after the best interests of others (in short!). It is not [...]
Wills – what is a Discretionary Trust? Discretionary trusts can be both ‘inter vivos’ (during our lifetime), and in our Wills. In simple terms, a discretionary trust in our will leaves the decision making as to who gets what and when to the appointed trustees, rather than us making the decision [...]
A simple guide to Care Fee Planning Whilst many hope to avoid paying care home fees, is there really a perfect solution? I get it. We don’t want to see our hard-earned money being spent in our golden years on care costs. But, with the ‘estate planning’ world awash with promises [...]
LPA – how does an Attorney cancel their appointment? An attorney can cancel their appointment at any point, for any reason. It is known as ‘disclaiming’. An attorney can cancel their appointment as an attorney under a Lasting Power of Attorney (LPA) at any point. It is a relatively straightforward procedure, [...]
What happened to Nil Rate Band Discretionary Will Trusts? Nil Rate Band will trusts allowed a married couple to capture both nil rate band allowances. Nil rate band discretionary will trusts were a popular tax planning tool for married couples pre-2007. Then (2007) a change in Inheritance Tax (IHT) laws rendered [...]
How do I cancel my Will? The rules around both making and cancelling a Will are very particular. There are a number of ways a will can be ‘revoked’ (the legal phrase for ‘cancel’) – some intentional, some perhaps not! Here, we take a look at what does and does not [...]
Does Divorce revoke a Will? The Wills Act 1837 states that both marriage and divorce will impact the legal status of a will. No – divorce does not cancel (known as ‘revoke’) a will. It simply removes those elements of a will where the ex-spouse is mentioned. So, this would include [...]
Does Marriage Cancel a Will? Getting married is a time when we should contemplate our mortality - & review our will(s)…! The simple answer is yes, marriage does cancel (aka ‘revoke’) a will. So, when your wedding preparations are underway, add ‘make a will’ to your list of wedding to-do’s! Failing [...]
Wills – Second marriage and the family home Second marriage will often create wishes for the ‘new couple’ that might involve will trusts. As a solicitor having dealt with wills and probate for longer than I care to remember, there isn’t much I haven’t seen. But themes appear over the years [...]
Is it a legal requirement to have a Staff Handbook? A well drafted bespoke staff handbook can be a very positive thing in the employer/employee relationship. It is not a legal requirement, but it is a really good idea to have a staff handbook. What is a Staff Handbook? A staff [...]
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