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Lifetime Planning

Please find below the latest blogs from our Lifetime Planning team.

Residence Nil Rate Band - The pitfalls

Lauren Edwards
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In April 2017, the Residence Nil Rate Band was introduced to provide an additional Inheritance Tax Relief for homeowners who wanted to leave their property to a direct descendant. Any unused portion of this Relief is transferrable between married couples....

Martin Lewis recommends: Power of Attorney

Beverley Bowen
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Do you have a Power of Attorney? Leading money-saving expert Martin Lewis has recently shared his advice on the subject, saying that a Power of Attorney (LPA) is not just for older people, it is for everyone. In this blog, Director and Head of Lifetime...

Happy New Year from JCP Solicitors

Noel Liemann
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The legal world has long been notorious for the prolix obfuscation of its language, using four words where one would do in order, it is thought, to keep lay people in the dark. For the last twenty years or so, however, steps have been taken to make things...

Banks v Goodfellow: Understanding the Landmark Case in Testamentary Capacity

Richard Howells
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Banks v Goodfellow is a landmark legal case that set a precedent in defining the standard for testamentary capacity, which refers to the mental capacity required to make a valid will. This case, established in 1870, remains a cornerstone in the legal...

Proprietary Estoppel in Farming Families: Understanding Rights and Claims

Richard Howells
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In the realm of farming families and inheritance, proprietary estoppel can play a significant role in addressing claims and rights concerning property and land. This legal doctrine, often prevalent in agricultural settings, aims to address situations where...

JCP's Sean Boucher appointed as STEP member

Sean Boucher
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Carmarthen-based Sean Boucher , Director and Head of Lifetime Planning - West Wales at JCP Solicitors, has been appointed as a full member of the Society of Trust and Estate Practitioners (STEP) - becoming one of West Wales’ few...

Understanding Will Disputes: Navigating Challenges in Estate Distribution

Richard Howells
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Will disputes, unfortunately, can arise and complicate the distribution of assets following the passing of an individual. These conflicts often stem from various reasons, leading to legal battles, emotional strain, and family discord. Understanding the key...

Ask the Legal Expert - How would a Will protect our family farm?

Sean Boucher
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"Our family farm has passed through several generations and I would like to protect it for future generations. Would drafting a Will help me achieve this?” Having a correctly drafted Will can provide peace of mind in ensuring your farm passes...

Ask the Legal Expert: I think a Will is invalid and I want to contest this, but I don't know what to do

Tomas Davies
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When a loved one passes this is understandably an emotionally difficult time, and, if you feel that the Will detailing what should happen with that person’s estate is invalid, you may not know where to turn. At JCP Solicitors, we have an expert, caring...

How do I pass on my digital assets when I die?

JCP Solicitors
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It is very important that we all consider making a Will, as this enables us to set out where we want our assets to go after our death. As part of this process, many of us also opt to make a record of our digital assets in order to assist our loved ones after...

Ask the Legal Expert - Should I draft a Will to protect my family farm?

Gemma Tooze
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“Our family farm has passed through several generations and I would like to protect it for future generations. Will a Will help me achieve this?” For many farmers, their farm is their most treasured asset and it is important to seek legal...

Wills and Lasting Powers of Attorney for Civil Partnered and Unmarried Couples

Cherrie Powell
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As we celebrate the inaugural Pride Caerffili on 24 June, here’s some expert advice on Wills and Lasting Powers of Attorney for civil partnered and cohabiting couples. Wills Many couples (whether in a mixed-sex or same-sex relationship) are...

Should I choose a professional or a family member as a deputy?

Jac Staddon
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There are a number of factors to think about when considering the type of deputy that is most suitable for your loved one’s circumstances. Jac Staddon, a Director in the Court of Protection team at JCP Solicitors explains more: If a loved one, of...

Lasting Powers of Attorney - How Prepared Are You?

Ryan Davies
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The number of registered Lasting Powers of Attorneys (LPAs) has increased drastically in recent years to more than 6 million . This could be down to the fact that more and more people are living with diseases such as Alzheimer’s and dementia. Lasting...

Reduce Your Inheritance Tax Bill by Remembering A Charity

Tanya Tremelling
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Making a Will is the best way to ensure that your wishes are carried out after your death. Whether you wish to pass assets and items to your family or to help a charity that is important to you or has helped you or your family through a difficult time. You...

Could A Property Trust Will Help You?

Alice Rowlands
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"My husband and I have made Wills that say when one of us dies everything passes to the survivor. Then, when the survivor dies, everything passes to our daughter. If we have to go into nursing care, will our wishes be respected?" Many couples...

Making Sure Your Child is Cared For In The Event of Your Death

JCP Solicitors
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"I’m separated from my son’s mother, who has severe personal issues. If I were to pass away unexpectedly, she would be unsuitable to care for him. How can I ensure he is cared for appropriately if this happens?" Having a Will in...

Would a Civil Partnership Give us More Legal Protection Than Wills?

Cherrie Powell
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"My same-sex partner has a property portfolio and they want us to enter a civil partnership, partly to make sure I inherit so I can provide for our child. Isn’t a Will that names me the beneficiary enough?" If you both...

Why we all should make a Lasting Power of Attorney

Mike Downey
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Whilst we do not like to think about it, the number of those living with Dementia and Alzheimer’s is on the increase. Also, owing to a more advanced health service, we are more likely to survive an illness such as a stroke or heart attack. Both of...

New Director Role For Swansea Team Head

Beverley Bowen
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JCP Solicitors is pleased to appoint Beverley Bowen, a leading light in its Lifetime Planning team, as a Director and Head of the Swansea based team. The promotion is one of four across the business, unfolding to support JCP’s continued expansion....

What Will You Assume?

Mike Downey
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If you are married with children and have no valid Will in place, you would be wrong to assume that all of your assets necessarily pass to your spouse on your death. If you remarry/divorce and do not create a new Will, or die without ever having made a...

New Director Role For Cowbridge-Based Joanna

Joanna Fenoulhet
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JCP Solicitors is pleased to appoint Joanna Fenoulhet, a leading light in its Cowbridge Lifetime Planning team, as a Director. The promotion is one of four across the business, unfolding to support JCP’s continued expansion. Joanna is now a senior...

New Director Role For Carmarthen-Based Sean

Sean Boucher
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JCP Solicitors is pleased to appoint Sean Boucher, from its Carmarthen office, as a Director and Head of the West Wales Lifetime Planning team. The promotion is one of four across the business, unfolding to support JCP’s continued expansion. A...

Ask the Legal Expert: How can I make financial decisions for my elderly mother?

Elize Blake
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“My elderly mother has Alzheimer’s and has now lost the capacity to make decisions on her own financial affairs. I need to be able to sell her house and manage her assets for her, but without a Lasting Power of Attorney in place, how can I do...

Ask the Legal Expert: Are Mirror Wills a Simple Option?

Cherrie Powell
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"My husband had a health scare recently that has prompted us to think about making Wills. We both have adult children from previous relationships. Would Mirror Wills work?" Mirror Wills look like a straightforward, inexpensive...

Ask the Legal Expert: Are You Overwhelmed by Your Executor Duties?

Tracy Haddock
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"My sister appointed me as an Executor to her Will, but I am finding the process of probate overwhelming, especially at a time when I am grieving. Do I have any options?" I’m sorry to hear about your loss. Grief can make it very hard for...

Inheritance Tax - The Three Certainties

Beverley Bowen
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Over recent years there have been some quite substantial changes to the allowances regarding inheritance tax, and there is talk of further changes for example in respect to gifts. With the Government considering ways that it can raise additional revenue to...

Prefer a Face-To-Face Meeting to Discuss Your Will?

Chris Shaw
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"I have been putting off making a Will because I have some complex family circumstances to consider and I want to talk them through with a Solicitor face-to-face. Are email and video call the only options at the moment?" It is important to...

Ask The Legal Expert: Do I Need a Law Firm to Make a Lasting Power of Attorney?

Rebecca Danks
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"My mother wants to give my step-sister and me authority to deal with her financial affairs. We need a fairly simple document and there are templates available that would work for us, I think. Are these legally sound?" A Lasting Power of...

The Recent Budget and Inheritance Tax

Alice Rowlands
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It has been widely reported that the Chancellor delivered his budget for 2021 to Parliament on 3rd March 2021. Whilst the issue of Inheritance Tax was not covered in great depth, the Chancellor has confirmed that the current thresholds for Inheritance Tax...

Ask The Legal Expert: How Can I Ensure My Assets Stay In My Family After I Die?

Beverley Bowen
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My wife and I want to make Wills to ensure the surviving spouse will be well provided for after one of us dies. Whilst we are happy to leave everything to each other we want to make sure that any remaining assets go to our children and grandchildren rather...

Ask The Legal Expert - Lasting Power of Attorney Arrangements Offer Peace of Mind For Farming Families

Beverley Bowen
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"I am in my 60s and I run a farm with my daughter. I have a friend who was laid up for months with Covid-19 – now recovered – and this has made me think about enabling my daughter to take over my financial affairs if necessary. What can I...

Firebreak Fatigue? Take Lock Stock of your Finances

Mike Downey
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Nobody wanted to see Wales go into another lockdown, but it is important that we support each other and the public health at this difficult time. If you have run out of DIY jobs to do and you cannot face baking any more banana bread, why not use this...

What is Britney's conservatorship and how would it be different in the UK?

Jac Staddon
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The #FreeBritney campaign has been one of the most head-turning campaigns to make waves across social media this month. This unusual case sees the pop star attempt to extract herself from her ‘conservatorship’ - a legal concept in the United...

Dispute Over Family Farms Can Be Avoided With Sound Planning

Richard Howells
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Sadly, disputes over family farms hit the headlines with increasing frequency, and a case that was dealt with by the High Court in recent months will have given many farming families pause for thought. The case saw the Court of Appeal make a judgement in a...

Virtual signing of Wills - too little, too late?

Alice Rowlands
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In response to the coronavirus pandemic, the introduction of new legislation has been announced allowing Wills to be witnessed virtually in England and Wales. Although the legislation is not expected to come into force until September, it will be backdated...

Never Mind the Housework - Spring Clean Your Finances

Mike Downey
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During lockdown, our thoughts may have turned to spring cleaning the house, tidying up the garage, or sorting out that problematic bits and pieces drawer in the kitchen. But, turning your attention to your finances could be a better use of your time. ...

JCP Named Finalist in Wales Legal Awards 2020

Hayley Davies
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JCP Solicitors has been shortlisted in two categories of this year’s Wales Legal Awards – Private Client Team of the Year and Innovation in Response to COVID-19. These prestigious awards pressed ahead in spite of the recent upheaval faced by the...

DIY Wills Can Cause Avoidable Family Upsets

Sean Boucher
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In our Ask The Legal Expert column we get the latest specialist advice from the Lifetime Planning team at JCP Solicitors.   Sean Boucher, an Associate Solicitor and expert in Wills and Probate, tackles a question about DIY...

Why a General Power of Attorney could be a short term solution during Covid -19.

Tanya Tremelling
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Whilst no one likes to think about these situations, there may come a time when you lack the mental capacity to make decisions for yourself.  This could come about as a result of an accident or a medical condition for example dementia. Lasting Powers...

Ask The Legal Expert - Can We Get a Will Processed During the Covid-19 Crisis?

Sean Boucher
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"We have just welcomed a grandchild into the family and we are keen to make Wills, to ensure everyone is taken care of if something were to happen. Will a Will get processed now, in light of the current crisis?" It is important to make a Will,...

Think Digital Assets: A Solicitor's guide to your Will, Cryptocurrency and Digital Assets

JCP Solicitors
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Those who were lucky, or forward-thinking enough to have jumped on the cryptocurrency bandwagon early may now be reaping the benefits. Certainly, as those who grow up in the modern digital age grow older, it is becoming increasingly important for Solicitors...

Snubbed Son is Awarded Share of Family Fortune After Will Dispute

Richard Howells
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Disputes over inheritance are, sadly, very common, and they can cause lasting damage to family ties. While a carefully-written Will can ensure an estate is distributed according to the wishes of the deceased, Wills can be successfully contested, under some...

Welsh International Gets People Talking to Tackle Loneliness

Chris Shaw
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It isn’t every day that you are invited to have a cuppa with a rugby legend, but people throughout South and West Wales who are experiencing feelings of loneliness can meet up with Dafydd James at a friendly coffee morning, to help them tackle...

Make a Will - Or Risk Falling Foul of the Inheritance Limit

Cherrie Powell
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Many married couples or those in a civil partnership who have actively chosen not to make a Will do so on the understanding that the law will allow their spouse or civil partner to automatically inherit their whole estate when they die.  A spouse or...

Disputes Over Family Farms Can Cause Damaging Rifts

Richard Howells
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Sadly, disputes over family farms hit the headlines with increasing frequency, and a case that is being dealt with by the High Court at the moment will be particularly troubling for many. This case sees a farmer being sued by his mother in a bitter court...

Ask The Legal Expert - I Want to Leave Money To Charity. Should I Update My Will?

Sean Boucher
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I made a Will some years ago, bequeathing my estate to my daughter. However, in recent years I have received a lot of support from a small, local charity and I would like to leave a healthy sum to them. Must I go through the Will-making process again? It...

What Happens To Your 'Online Life' When You Pass Away?

Sean Boucher
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I run an online business, I keep personal and private documents and family photos in the cloud, I own some domain names and I bank online. Some of these accounts may fall by the wayside when I die, but my children will need to access others after my death....

Controversial Probate Fee scrapped

Alice Rowlands
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When someone passes away, the items that they own at the time of their death, such as property and money is collectively known as their estate. The person who is to administer the estate (either the person appointed under the will or possibly the next of kin...

Too Young to Make a Will? Think Again!

JCP Solicitors
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Young adults often delay writing a Will in the belief that they are not old enough or are not wealthy enough to need one. I know from my own experience of being in my late twenties, that embarking on a career and starting a family have been my main...

World Alzheimer's Day - 21st September 2019

Rebecca Danks
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21st September 2019 is World Alzheimer’s Day which aims to increase awareness of Alzheimer’s disease and Dementia around the world. I felt that this was an apt time to discuss some of the legal aspects affecting those people living with...

Ask The Legal Expert - Leaving An Inheritance Tax Bill To Your Children

Sean Boucher
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My wife and I are making Wills and we plan to give some money to the children now, before they inherit, to help them set up home. We’re nervous about tussling with the tax man, or causing problems for our children. What rules do we need to abide by? ...

Ask The Legal Expert - Options To Safeguard Your Finances As You Get Older

Mike Downey
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I am a part-time carer for my elderly mother, who is physically frail, but mentally sharp. She and my sister have been estranged for decades, but she has approached mum recently to ask her for a large loan. My mother is considering agreeing to this, since...

Ask The Legal Expert- Mirror Wills

Mike Downey
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My wife and I are recently married and are considering making Mirror Wills, since they seem the simplest option. I have an adult daughter and my wife has no children. Would a Mirror Will work for us? Some couples do opt to file Mirror Wills...

Headline-Grabbing Inheritance Disputes Should Prompt Us All To Make A Will

Richard Howells
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Some unusual legal cases have hit the headlines in recent weeks, highlighting the importance of making a Will, and of seeking professional advice to ensure it is valid. One colourful case saw a cabbie claim that a regular fare had bequeathed him his whole...

Don't Let These Myths Prevent You From Making A Will

Sophie Anthony
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Making a Will can be an emotive topic for many people, and there are a number of myths surrounding Will-making that can either scare people away from writing a Will, or that can prompt people to make ill-informed decisions. Here are some of the myths we...

Ask the Legal Expert - DIY Wills Can Cause Avoidable Family Upsets

Sean Boucher
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I have children and step children and a small property to leave, so I’m aware I need to make a Will. My family and I have discussed my wishes and I don’t expect conflicts to arise after my death. Do I need to make a formal Will or can I just...

Ask The Legal Expert - Managing My Elderly Mother's Affairs

Sean Boucher
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My mother’s memory is deteriorating swiftly, but she is fiercely independent and has never consented to my sister and I taking responsibility for her affairs. We fear we have left this too late, and we worry her finances will become a mess. What can...

Ask The Legal Expert - Preventing Inheritance Claims After Death

Richard Howells
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My son has worked with me on the family farm for 20 years and I’ve told him in the past that he would inherit the business. However, we have had a serious rift. If I now leave the farm to his sister and mother could my son contest the Will upon my...

Ask The Legal Expert - Protecting Children with Will Provisions

Sean Boucher
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My husband and I are thinking about making Wills, naming potential guardians for our young daughter. How do we get the detail right? The sudden loss of parents brings legal complexities that can be hard for grieving children to cope with. So, you are wise...

Transitioning? It's Important to Change Your Will

Mike Downey
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Growing numbers of people in Britain are transgender, and the legalities around the treatment of transgender people are increasingly being addressed in the legal sphere. Transitioning is a complex undertaking, physically, emotionally, and practically, and...

Ask The Legal Expert - Use a Specialist for Long Term Care Planning

Sean Boucher
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Sean Boucher , an Associate Solicitor in our Lifetime Planning team tackles an issue around putting your home in a trust. I have been approached by a wealth management firm who say they can help me prevent my home being sold to fund long-term care,...

Archbishop Slams 'Ancient Evils' And Backs Inheritance Tax Reform

Mike Downey
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The Archbishop of Canterbury, Justin Welby, has ruffled some feathers by using colourful, biblical language to condemn some of the UK’s current economic practices and their apparatus. The churchman delivered a series of condemnations -  at a...

All Change for Inheritance Tax?

Mike Downey
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Mike Downey, Director and Head of Lifetime Planning in South East Wales at JCP Solicitors, considers proposals for sweeping changes to Inheritance Tax that would potentially apply to thousands of people across the UK, if they were adopted. A recent report...

Do You Have a Lasting Power of Attorney? You Could Be Eligible for a Refund of the Registration Fee

Chris Shaw
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Thousands of people set up and register Lasting Powers of Attorney (LPAs) each year whilst they are fit and well, as a sensible way of allowing a trusted person - an Attorney - to assist them and make important decisions on their behalf about...

Ask The Legal Expert- Making A Will and Succession Planning in a Small Business

Richard Howells
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I run a plumbing business with my dad, who plans to leave it to me on retirement. Dad is 65 now and a little forgetful. He has left signed and detailed instructions about our succession plans, but not as a formal Will. He argues that everyone has always...

Are Your Digital Assets Protected?

Beverley Bowen
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We live in an increasingly digital world but very few of us give any thought about what will happen to our digital ‘assets’ when we die. Indeed, there are still more people who die without a Will than with one – and of the (relatively) few...

Ask the Legal Expert - Important Inheritance Tax Changes

JCP Solicitors
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While the National Insurance kerfuffle grabbed the headlines, there were other points of interest to emerge from the Spring Budget, with Inheritance Tax and Capital Gains Tax getting some attention from the Chancellor. New rules on Inheritance Tax are set...

Complex Inheritance Case Highlights The Principle of Reasonable Financial Provision

Richard Howells
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The widely-reported case of a daughter who has made a claim on her mother’s estate after her death, despite their long estrangement, highlights the importance of leaving very clear instructions in your will about how you expect your estate to be...

Ask The Legal Expert: Preventing Inheritance Claims

Richard Howells
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JCP Director and Head of Lifetime Planning Disputes, Richard Howells, shares advice on preventing inheritance claims after death. “My son has worked with me on the family farm for 20 years and I have told him in the past that he would inherit the...

Importance Of Preparing A Will

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“By failing to prepare, you are preparing to fail” … Benjamin Franklin perfectly summarises the position in respect of preparing a will. Many underestimate the importance of preparing a will and many assume that it is too early to think...

Remember a Charity in Your Will Week.

Sean Boucher
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This years‘ remember a charity in your Will’ week takes place between 7 – 13 September. The purpose of the week is to help promote charitable giving in Wills. Charities rely heavily on these donations, with many estimating that between 20%...

Own Property Abroad? The New EU Succession Rules May Affect You

JCP Solicitors
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There is a new EU regulation in relation to succession known as Brussels IV.  This regulation will apply to the succession of assets of those who die on or after 17th August 2015.  The regulations govern which EU member states rules will apply to...

Where There's A Will, There's A Way...

JCP Solicitors
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Does anybody like the thought of making a Will? It’s not an easy subject to broach and many of us will simply put it off until another day. Whilst there are rules in place, known as the intestacy rules, which will apply where there is no Will, this may...

There's A Legend In All Of Us

JCP Solicitors
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Every day, people are doing legendary things for good causes – sky diving, mountain climbing, marathon running to name a few.  Gifts in Wills are lesser known, but equally legendary acts in the way they support charities. They are worth more than...

DIY Probate Administration Sees Will Claims Triple

JCP Solicitors
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The increase in people deciding to act as executor and deal with a person’s estate without taking professional advice has meant claims at the High Court against executors for breach of their duty to a deceased’s estate have tripled in the last...

Willpower: Mind Over Matter

Richard Howells
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For a will to be valid, the person making the will, known as “the Testator” must have sufficient mental capacity to execute the will at the time the will was signed and witnessed.  The test for testamentary capacity has long been established...

Inheritance Tax Update

Beverley Bowen
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After last week’s Budget announcements David Cameron has confirmed that he would still like to look at increasing the Inheritance Tax threshold. At present the Inheritance Tax threshold (called the nil rate band) is £325,000 per person. ...

Will Not Invalidate

Richard Howells
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Until recently, it was established law that a will had to be signed correctly to be valid, however, the recent ruling by the Supreme Court in the case of Marley v Rawlings [2013] has cast a shadow of doubt over this presumption. The case concerned a will of...

The Budget 2014 And Inheritance Tax Implications

Beverley Bowen
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Wednesday 19th March saw George Osborne announce his 5th Budget as Chancellor. There was little news regarding Inheritance Tax.  It was announced in the 2013 Budget the threshold for inheritance tax is to be frozen at £325,000 until the tax...

Farmland & Planning For The Future

Beverley Bowen
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Mum, Dad and son are all partners in a farm where the farmland is owned 50% by Mum and 50% by Dad.  Mum and Dad make Wills under which they pass their respective partnership shares to their son on first death but the remainder of the estate is to pass...

The Document That Everyone Wishes They Had Written When It's Too Late

Chris Shaw
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I am always surprised at the number of business owners that I talk to who have not considered the impact that the unexpected death or critical illness of one of the owners would have on their business. Many have successful businesses and are understandably...

The Autumn Statement And Your Lifetime Planning Arrangements

Beverley Bowen
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Yesterday saw George Osborne release his 2013 Autumn Statement.  In the Statement Mr Osborne reminded everyone that this Government is clamping down on tax evasion, avoidance and aggressive tax planning. There was no announcement regarding any changes...

Life Interest Trusts

Beverley Bowen
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Interest in possession trusts, also known as life interest trusts, are a common form of trust and can be created either under your Will or as a lifetime trust.  This type of trust gives the beneficiary an immediate right to any income earned in the...

Your Will And Protecting Family Members With Learning Disabilities

Beverley Bowen
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Parents naturally want to protect and provide for their children and one of the key ways to do this is to make a Will. For parents of young children or adult children with learning disabilities, this is even more essential.   Without a Will,...

Lasting Powers Of Attorney - Are They Really That Important?

JCP Solicitors
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Thinking and talking about what would happen to our assets and finances if we suffered from a serious accident or mental illness is not something we like to think about.  Sadly these situations do happen and usually without warning.  What we often...