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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
It is a little-known fact that all wills are published and made publicly available upon request as part of the probate process. This means that if your personal representatives, the people appointed by your will to administer your estate, require a grant of probate to distribute your assets, then your will can be made available upon request to any member of the public. This is true to the extent that the only exception is the reining monarch.
It is fair to say that we as a society are not comfortable discussing death. It is daunting – you have to think about Wills, funerals, organ donations, Lasting Powers of Attorney, and care planning. You cannot escape death, but you can ensure your plans are in place. Unnerving as it is, the alternative to not talking, thinking and planning is problems and heartache for loved ones and arguments over property, assets and funerals. Wills and Lasting Powers of Attorney need to discussed more openly and acted upon.
Recent government statistics show that the timeliness for issue of grants of representation (mean average) has progressively slipped since the pandemic
The importance of inheritance planning cannot be underestimated – failure to consider the succession and tax consequences that arise on the death of a spouse can lead to significant financial implications, at a time when emotions could already be running at an all-time high. Particularly in situations where there is a large amount of familial wealth, the earlier this is considered, the better, and marriage (and the election or not of a matrimonial regime, or creation of a bespoke nuptial agreement) is a good time to take stock and ensure your family is protected for the future.
The concept of matrimonial regimes has become increasingly well known in England, having been a stalwart of the French marriage process for centuries. International clients and those with Anglo French connections are asking the right questions about French marriage contracts versus English prenuptial or postnuptial agreements more frequently, being more aware of the significant differences between the two and also the need for cross-border legal advice to ensure their interests are protected should they later choose to divorce.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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