Thanks so much for your question. And, so sorry to hear of the terribly sad circumstances that have prompted you to raise it. So, there are a few points to be mindful. Firstly, when you come to register the LPA, the Court of Protection (COP) will reject the LPA if they’re unhappy with the instruction. So, it is a point [...]

Hi Suzanne – and thank you for your query regarding preferences and instructions in an LPA. I am assuming from your query that you (and perhaps someone else) are the appointed attorney under the LPA? That being so, you should also hopefully have copies of the LPA which will confirm whether there were any preferences or instructions included in it [...]

Hey Simon and thanks so much for a super question! Lots of potential flags in there. I assume that you are one of the executors appointed by the Will of the deceased, and in the process of applying for Probate? So, here goes with the basic principles! The starting point of course to establish an Inheritance Tax (IHT) liability is [...]

Hi Ady, great question. As a general rule of thumb, assets held jointly (including land as joint tenants) will still be assessable despite passing to the surviving owner without needing probate. So, they will pass because of the ‘right of survivorship’ and irrespective of the terms of any will/probate. BUT, the taxman once his slice! So, anything owned (outright or [...]

James – thanks so much for a great question. So, gifts to minors (under 18) automatically create what is called a ‘bare trust’ if the named beneficiaries are under 18 at the point at which the testator (the person that made the will) dies. And yes, either named trustees (or failing that the named executors) assume responsibility for holding that [...]

Thanks so much for that Harry. So glad you found the site helpful. Best wishes from all at Team QLAW!

Thanks for reaching out Bryan. So, yes, you can refuse to answer your buyer’s enquiries (if there is good reason to refuse). BUT (big but!) stay focused on your primary aim here (presumably) – to sell your house! Pre-contract-enquiries do sometimes come in in ‘bits and bobs’ as you put it. Annoying, and difficult for the seller (and their solicitor) [...]

Hi Val and thanks so much for your question. I am so sorry you contact us regarding the passing of your late husband. Some interesting points in there. I am sure you are by now aware of the rules of intestacy, but if not, check out our article on that. So, first thing to think about is what is your entitlement under [...]

Julie posted this question in response to our blog explaining cash legacies which can be found HERE  

Hi Julie and thanks so much for reaching out. Without taking full ‘instructions’ from you we can not give specific advice. As a general generic rule of thumb the total amount of specific legacies tends to be a small proportion of total value of an estate. This is obviously specific to the particular circumstances of the person making the will. [...]