A will is how you specify what you want to happen to your assets after your death.  It is therefore very important to review and update your will to make sure that it remains relevant to your circumstances, so that it properly and fully records your wishes and that it is suitable for your financial situation and family composition – both of which are likely to change over time.  

Why you should keep your will up to date

Regularly updating your will ensures that there is a record of your decision-making as to what you want to happen to your assets when you’re gone. It could protect your intended beneficiaries if someone wants to challenge your will and make a claim on your estate. 

A will prepared many years ago may be valid, but significant periods of time often incur significant life changes. That could mean that someone important may be excluded from receiving assets from your estate. 

That may not be the case, but it would be clear to show that you chose not to do so by you having an up to date will.

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Laith Khatib, private client specialist solicitor at Howells Solicitors, was recently invited by the editor of the London Gazette to write an article for the first official public record and the newspaper of the Crown. 

In the article, entitled ‘DIY Probate: The Dos and Don’t’s, Laith explains the potential pitfalls of do-it-yourself probate are and what anyone considering DIY probate should know before they commit to this important duty.

Some of the aspects that Laith said should be considered included:

•    The deceased’s financial affairs
•    The length of time before the estate should be distributed
•    Whether to distribute the estate if it may be contested
•    Whether to carry out bankruptcy searches
•    What to do about probate if there is no willMore...

Does your will accurately reflect your wishes? Many people write their will and forget about it – even after significant life events have rendered it inappropriate or invalid. If your will is not accurate or up to date it can be a real bone of contention and cause undue stress and worry for your loved ones when you die – perhaps leaving them with not enough to cope financially, or worse, nothing at all.

How often should a will be updated?

Even if you have not undergone any significant life changes, it is advisable to review your will every  five years or so, to check that it still reflects what you want it to say and to find out if there have been any changes to the law which might affect your will. In recent years there has been a major change to inheritance tax laws and for many people that has necessitated a change to their will, even though their ultimate wishes remain the same.  Particular events that should prompt you to seek professional legal advice from a solicitor about your will include the following:

• If you have new children or grandchildren – to ensure they are included in your will.
• If you get married – in England and Wales, getting married will revoke an existing will, unless it was made in contemplation of the marriage.
• If you get divorced – for the purpose of your will, your ex – spouse will be treated as having predeceased you upon finalisation of the divorce. It is therefore important to assess whether you have made substitute provisions, and if so, whether those still reflect you wishes. 
• If someone named in your will dies before you– in such circumstances it is important that you understand what shall happen to the gift left to the deceased beneficiary, and to decide what should happen in light of the death.
• If the executor is no longer suitable or dies– It is important that your executor is able and willing to administer your estate, and to control any trust created by your will. Catastrophic results can arise if there is nobody suitable at the helm of your estate when you die.More...

Disputes about wills and estates can be some of the most divisive, emotional legal cases as they can pit family members against each other and have devastating effects in the long term. What’s more, because people in the UK are getting richer and property prices have risen significantly, disagreements over probate arrangements are becoming increasingly commonplace in newspaper columns.

In the latest video uploaded to our Youtube channel Laith Khatib, Howells’ Private Client expert, discusses the ins and outs of probate law and the different issues that his expert team deal with on a daily basis.

A guide to contentious wills & probate

In the video, Laith talks about a range of different probate issues, including:

•    How the changing dynamic of the 21st century family can affect contentious probate cases
•    Whether it’s possible to challenge a will 
•    What happens if the deceased has created a will against their wishes or didn’t have the mental capacity at the time
•    What happens if there’s a mistake in a will
•    How the Inheritance (Provision for Family and Dependants) Act 1975 can affect probate cases
•    How you can prevent disputes between your loved ones in the event of your death
•    Why it’s important to seek professional legal help

Speak to Howells about wills today

Whether you’re contemplating challenging contentious wills or want to ensure that your will is both fair and cast-iron, talk to our team of expert probate solicitors at Howells today. Speak to us with no obligation – simply call 02920 404020 or email info@howellslegal.com.

by Tristan Lewis

What is an Enduring Power of Attorney (“EPA”)?

An EPA is an instrument that could be made before 1st October 2007. It enables a person (“the Donor”) to appoint an Attorney or Attorneys to act on his or her behalf and make decisions in relation to his/her property and financial affairs.

What is a Lasting Power of Attorney (“LPA”)?

LPA’s were introduced by the Mental Capacity Act 2005. They replaced EPA’s and have been in force since 1st October 2007. EPA’s made before that date are still valid.

There are two types of LPA, a property and financial affairs LPA (“LPA PA”) and a health and welfare LPA (“LPA HW”). It is possible for someone to make just one or both types.  

The LPA PA enables the attorney to make decisions in relation to the Donor’s property and financial affairs, like its predecessor the EPA. The LPA HW, on the other hand, enables the Attorney to make decisions about day to day welfare issues, and about medical treatment.

What is Registration?

If the Donor loses mental capacity the Attorney is under a duty to register the EPA with the Office of the Public Guardian (“the OPG”).

As a part of the process, certain people should be notified of the situation, by the Attorney and the OPG and they will be entitled to lodge any objection they have to the application.

The idea is that those who are notified will bring to the attention of the OPG any issues which suggest that the Attorney is not, or is no longer, an appropriate person to make decisions on behalf of the Donor.

The notification from the OPG may be the first thing that a friend or relative hears about the EPA or LPA. This can, of course, lead to some concern.

Why Object?

Those who receive notification are the last line of defence to protect the Donor from an inappropriate Attorney. If you have received a notification and are concerned about the EPA or LPA you should seek immediate legal advice. You only have a limited time to register your objection. 

It is not appropriate to object just because you do not like the Attorney. Rather, an objection should only be advanced if your suspicions/concerns fall into one of the following:

1.    You think that the EPA or LPA is not valid - i.e. the Donor did not have mental capacity at the time the document was signed, or, you think the document is a forgery.

2.    You think that the EPA or LPA was revoked by the Donor before he/she lost capacity. 

3.    You suspect that fraud or undue pressure was used to induce the Donor to make the EPA or LPA.

4.    You think that there are compelling other reasons why the Attorney should not make decisions for the Donor. I.e. the Attorney has been declared bankrupt or convicted of a criminal offence.

What if the EPA/LPA is Already Registered?

It is possible to make an application for the cancellation of a registered EPA or LPA in certain circumstances, particularly if you think:

1.    Fraud or undue pressure was used to induce the Donor to create the EPA or LPA.

2.    The Attorney is unsuitable i.e. due to bankruptcy, criminal convictions, dishonesty, a conflict of interest with the Donor.

What Else Can Be Done?

The OPG has a Safeguarding Unit and if you have some suspicion, but not enough to merit making a formal application to revoke an LPA or EPA, you can make a report to the Safeguarding team and they will then likely investigate the Attorney and try and establish whether he or she is appropriate for the role, and acting in the best interests of the Donor.

If you become aware that a friend or relative is being financially or in any other way abused by their Attorney, you should contact us and we will help you navigate the complex legal process.  

Call Howells Solicitors today on 0808 178 2773.

by Tristan Lewis