Expert Comments

Opinion

Is it safe to rely on the intestacy rules?

On 6th February 2020, the statutory legacy awarded on intestacy to a surviving spouse or civil partner will go up by £20,000 from £250,000 to £270,000. Every 5 years, the...

January 30, 2020

Nicola Waldman

Opinion

estate-planning
lasting-power-of-attorney

A new alternative to marriage for heterosexual couples in the UK

Civil partnerships were first legalised in 2004 however this was exclusively for couples of the same-sex. Therefore, prior to 31 December 2019, mixed-sex couples who objected to marriage would not...

January 21, 2020

Blog

Capacity to marry: Can you be too vulnerable for marriage?

The recent case of Mundell v Name 1, heard in the Court of Protection has ramifications for claims on divorce and also issues surrounding a person’s capacity to make a…

November 25, 2019

Nicola Waldman

Opinion

The Forfeiture Rule: Does it pay to slay?

Over the years TV shows and popular culture have depicted storylines of people murdering wealthy family members in order to receive an early inheritance, or prevent it falling into the...

November 15, 2019

Blog

inheritance-dispute

Contingent gifts in wills

Many individuals include gifts in their wills that require an event to happen or an action to take place prior to a beneficiary inheriting (this is called a contingent gift)....

September 23, 2019

Nicola Waldman

Opinion

A dark horse with blurred lines: A brief overview of Intellectual Property and Copyright in estate planning

There has recently been a re-emergence of back and forth Copyright cases in the news involving musicians such as Katy Perry, Robin Thicke, Led Zeppelin and Ed Sheeran to name...

September 2, 2019

Opinion

What happens when the court has to decide who died first?

This week the High Court gave judgement on a probate dispute involving a battle between two step sisters. The court had to decide which parent had died first. The case…

August 15, 2019

Opinion

Court of Appeal Reverses Mostyn’s Decision in Cowan: Standstill Agreements Are No Longer Invalid

Cowan v Foreman [2019] EWCA Civ 1336 For those unaware, earlier on this year a case was brought before Justice Mostyn – a judge of the Family Division of the…

August 2, 2019

Opinion

It’s a matter of Trust…

With distrustful spouses and threats of divorce, it is all too common a question as to how can someone protect any family inheritance from reaching the hands of a divorced...

July 24, 2019

Opinion

Who died first?

The recently reported case of stepsisters asking the Court to rule whose parent died first to determine which of them should inherit, relates to the little known commorientes rule.

June 28, 2019

Nicola Waldman

Opinion

Doing Death Differently: A Guide to Modern Funerals

Coming to terms with the end of your life can be a challenge in itself, let alone planning your own funeral to take the pressure off anyone guessing what you…

June 13, 2019

Blog

Valid Wills: C-O-R-R-E-C-T? Find out what it needs to be…

It was originally thought that the late great singer Aretha Franklin had died without a Will following her battle with pancreatic cancer. However, it has been announced in recent news...

May 22, 2019

Opinion

Predatory Marriages: Till death do “you” part

For the most part, the motives of people entering into a marriage or civil partnership are genuine in that couples pledge vows and their love to one another, with the…

April 30, 2019

Opinion

The Digitalisation of the Probate Registry

The Probate Registry have recently announced that, from 4 March 2019, the style of the grant of probate (the Grant) will change. Previously, the Grant was personally signed by a...

March 28, 2019

Opinion

A tax by any other name- proposed changes to probate court fees

Just under two years after the threat of huge probate fee increases were dropped, they are back on the horizon. Instead of a flat fee of £215 for personal applications...

November 9, 2018

Nicola Waldman

Opinion

Top five reasons people put off writing their will

Private client lawyer Nicola Waldman shares the most common 'excuses' she hears from people procrastinating over making a will.

September 13, 2018

Nicola Waldman

Opinion

Taking the complexities out of inheritance tax – Surely it’s time for change?

The Chancellor has written to the Office for Tax Simplification (OTS) asking them to review and simplify the inheritance tax (IHT) regime noting that it and the ‘system within which...

February 6, 2018

Nicola Waldman

Opinion

Living Wills – who knew?

This week, a significant award was made to the family of an 81 year old woman who was kept alive by a hospital, against her will. This case highlights the...

December 8, 2017

Nicola Waldman

Blog

What to do if you’re suddenly cut out of a will

Nicola Waldman highlights circumstances in which you might consider challenging a Will. The story of Sam James, a man suing his mother and sisters after he was disinherited, hit the…

November 7, 2017

Nicola Waldman

Opinion

The formalities of making a will – is a change of law on the horizon?

The BBC recently reported on a rather bizarre story coming out of Australia. A court decided that an unsent text message found within a deceased man’s mobile phone was enough...

October 19, 2017

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