Expert Comments

Opinion

Signing a will using video conferencing – a great new option or only a last resort?

During the Covid 19 crisis, many more people have been thinking about writing or changing their will. But a major concern has been how to get the will witnessed correctly...

October 15, 2020
Opinion

Post-Pandemic Probate: how to deal with the estates of those who have died

It has been a difficult time this year with many relationships, families and minds being tested as a result of the far reaching impact of the Covid-19 Pandemic. Whilst we...

August 7, 2020
Blog

What happens if someone loses mental capacity without Lasting Power of Attorney?

One of the most common questions I am asked by clients is:- what options are available to me once a loved one has lost their mental capacity and does not...

June 22, 2020
Opinion

A Reduction at the Registry: The Future of Grant Applications after Covid-19

In the past it was a comfort to know that Registry grant applications would take up to 10 working days to be issued, but following legislation proposed by Government in...

June 8, 2020
Opinion

Signing a Will and Social Distancing

Since the start of lockdown, solicitors’ offices have been closed and clients are being relied upon to correctly execute their wills at home. The Wills Act 1837 lays down strict...

May 29, 2020
Opinion

Why did Sally Challen challenge the Forfeiture Rule if she didn’t want the money?

It has been widely reported in the media that Sally Challen has won the right to inherit the £1m estate of her husband despite being convicted of his murder, subsequently...

May 28, 2020
Opinion

Who wants to be a Millionaire: A guide to the current rules on Inheritance Tax (IHT)

It is hard to believe that back in 2015, the initial IHT guidance for the Residence Nil Rate Band (RNRB) was announced. This provided a gradual increase in the RNRB...

May 19, 2020
Opinion

Demand For Wills Jumps 76% In Two Weeks Due To Coronavirus

As the UK begins to adjust to the “new normal” that we face amidst the COVID-19 pandemic, many families are approaching their affairs with an increased sense of reflection and…

March 31, 2020
Opinion

Keeping Calm and Carrying On: Wills & Probate Services during COVID-19

In these unprecedented times, the Private Client team here at Hodge Jones & Allen wishes good health to everyone with the hope that life will return to normal as soon...

March 26, 2020
Opinion

The Proposal: Inheritance Tax Exemptions For Transfers Between Siblings

Lord Lexden, a Conservative peer in the House of Lords has sponsored a Bill (cited as the Inheritance Tax Act 1984 (Amendment) (Siblings) Act 2020) that amends existing legislation to…

March 13, 2020
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
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
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
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
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