Category

Wills

How to choose an executor to administer your estate when you die

By | Legal Updates, Probate and Trusts, Wills | No Comments

When making your will you need to appoint at least one executor who will be responsible for the important task of dealing with your estate on your death.  Deciding who to appoint is one of the most important decisions you will ever have to make so you need to consider your options carefully.  James Sawers, wills, probate  and trusts lawyer with MacDonald Oates LLP Solicitors in Midhurst, explains what you need to think about. ‘Administering an estate can be a…

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Show a little R-E-S-P-E-C-T for your loved ones by making a Will.

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You may have seen in the press recently that Aretha Franklin died without leaving a Will.  One can only speculate as to the problems this may cause for those she leaves behind as they seek to distribute her estate, estimated to be in the region of £60 million. Her lawyer has commented that “She never told me, “No, I don’t want to do one.  She understood the need.  It just didn’t seem to be something she got around to”. It…

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Inheritance Tax & Your Home – Could you be paying too much?

By | Legal Updates, Probate and Trusts, Will and probate team, Wills | No Comments

In 2017 new rules were introduced to allow home owners to a claim an additional allowance to reduce their Inheritance Tax (or IHT) liability.  This news came as a welcome relief to many homeowners wishing to pass their most prized asset to their loved ones. “Claiming this allowance may not be straightforward” says Ben Holden Associate Solicitor of MacDonald Oates Wills, Probate & Trusts Team “many people may losing out by failing to meet the various conditions set by law”….

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Exam success in STEP for our private client Solicitor

By | Announcements, Probate and Trusts, Wills | No Comments

We are delighted to announce that Clare Ridout in our Wills, Probate and Trusts department has successfully gained her STEP qualification. The STEP Diploma is a highly regarded academic qualification in the practice area of Will, Probate and Trusts. It covers a wide array of subject matter in estate, trusts and tax. Partner, and Head of our Wills, Probate and Trusts department, James Sawers, said “We congratulate Clare on this impressive achievement and we are delighted that all her hard…

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Living Wills

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You may have heard people talk about “living wills”.  Whereas a standard Will deals with who inherits your money and property on your death, a living will can be used to make decisions in advance about your wishes regarding particular medical treatment or care whilst you are still living, in case you are unable to make the decision when the time comes.  For this reason, living wills are often known by lawyers as “advance decisions”. The most common reason to…

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Probate fees are increasing significantly – what do you need to know?

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What is probate and when would I need it? When somebody dies, sometimes it is necessary for you to apply for a grant of representation to be able to deal with the deceased’s assets – this is known as applying for probate. Whether probate is required depends on a number of factors, including: The type of asset – property and shares for example will normally always require probate. How the asset is held – jointly owned property usually passes without…

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Will drafting – the importance of getting it right

By | Litigation, Wills | No Comments

Patrick Jenkins, Partner and Head of Litigation looks at some of the legal issues which can arise where no will, or a deficient will, has been prepared and why it is important to ensure that you have an up-to-date and properly executed document. The importance of having a will cannot be underestimated as without one the deceased is said to have died “intestate”.   If that should happen the law sets out who may deal with the deceased’s affairs and who should…

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