With an increasing ageing population, financial abuse is depressingly common. Sometimes it is picked up during the victim’s lifetime and, if they lack capacity, the Court of Protection may become involved. However, often financial abuse is not picked up until someone has died. Financial abuse usually involves a weak and vulnerable individual who is a […]Read More
Many people who bring a claim seeking an award of financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) live in necessitous circumstances and cannot afford to pay a lawyer to provide them with legal advice and assistance. Accordingly, they are often empowered to bring a claim by entering a Conditional […]Read More
Decisions made by trustees often become acrimonious and can even evolve into claims for breach of trust and for the removal of the trustees. Fixed Interest Trusts The trustees of a fixed interest trust do not have a discretion about who to benefit, how much or when. The beneficiaries have a predetermined, fixed interest in […]Read More
It is often said that a spouse is a favoured applicant under the Act because: the level of provision is such financial provision as it would be reasonable in all the circumstances for a spouse to receive, whether that provision is required for their maintenance; and the divorce fiction by virtue of which the court […]Read More
A Populus survey commissioned in June 2020 by the Law Society found that just 26% of respondents know what happens to their digital assets after they die. Of those surveyed who have a Will, an overwhelming 93% had not included any digital assets in their Will. What are digital assets? These are the possessions an […]Read More
Personal representatives are exposed to liability in several situations. In this short article I will describe how personal representatives can protect themselves from liability. Claims of unknown beneficiaries/creditors A personal representative can face a claim from an unknown beneficiary or creditor after the distribution of an estate. To protect themselves personal representatives should always consider […]Read More
Will Remote Witnessing of Wills Increase Will Disputes? We’ve seen a huge influx in the number of people wanting to make a Will during the Coronavirus pandemic, but many have been finding it tricky to do so. For a Will to be legally valid in England and Wales, it must be signed in the presence […]Read More
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