Intestacy

If someone dies domiciled in the UK for inheritance tax (IHT) purposes (or non-domiciled but with UK assets exposed to IHT), this is a tax that cannot be ignored.

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 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.

An executor’s legal duty is to distribute the estate according to the terms of the will. This sounds straightforward, but what happens if one of the beneficiaries is unknown or missing?

On 5 July 2023, the UK government confirmed that the statutory legacy, the amount which a surviving spouse or civil partner (for simplicity here we will refer to both as ‘Spouse’) is entitled to receive in England and Wales where a person dies intestate (without a valid Will) and leaves children, will be increased.

In many estates, the deceased’s home is the principal asset whose value often tips the estate over the inheritance tax (IHT) threshold.

Apple officially released its ‘Digital Legacy’ feature on 13 December 2021. This permits individuals who have been nominated by the deceased to access the deceased’s accounts and data after their death. Diva Shah examines the impact of this new feature and its implications for Private Client practitioners in matters of estate planning where digital assets are involved.

Company succession planning is critical to ensure that a company can continue to run in the unfortunate event that a director (or shareholder) dies. If there are other surviving directors, they are able to step in and run the company, but what happens when a sole company director dies?

The UK government has confirmed that the amount a surviving spouse or civil partner is entitled to receive in England and Wales where a person dies intestate (without a valid will) leaving children will be increased. The statutory legacy will be increased by £20,000 from £250,000 to £270,000. The changes will come into force on 6 February 2020.

In most cases, after the death of a loved one, family members and those close to the deceased come together to agree a fitting and respectful ‘send-off’ for the deceased, whether that involves a funeral, burial, cremation, memorial service or any other way of saying ‘goodbye’.

We hear the word 'probate' bandied around a lot but what does it actually mean? And how do you 'get' probate?

The time following a bereavement is often extremely difficult for loved ones of the deceased. Importantly, being named as executor in a Will does not mean there is a legal obligation to undertake the role. We discuss the options.

If you've been named as executor in a Will there are various considerations to bear in mind. Acting as an executor can be complex and time-consuming as well as entailing significant responsibility. We look at the key responsibilities of executors.

The Secretary of State for Justice Robert Buckland has announced that the proposed enormous increase in probate fees has been scrapped. We understand that the statutory instrument which was awaiting parliamentary approval will be withdrawn.

Not many people know, but in the UK it is within the government’s remit to protect and promote the country’s cultural and artistic heritage. As a result, there are heritage tax reliefs available on death. 

We blogged recently about the impending stealth tax the government plans to introduce and you will have seen the news stories about delays at probate registries due to IT issues.  So, what is the update? Nothing. The probate fees order is still waiting for the final stages to bring it into law and probate registries are still battling with their backlogs.  

The new probate fee structure, which was set to be introduced in April has been delayed due to the time demands of on-going Brexit discussions in Parliament; we’ve blogged previously about the Government’s introduction of a new ‘ stealth tax’ here.

How do you secure English assets when there is a foreign grant of probate? The English Probate Registry can re-seal a foreign grant provided the deceased was from a current or former commonwealth country. This will give the executor named in the foreign grant the legal power to deal with the English asset.

The House of Lords has voted through the proposal which will introduce a new stealth death tax for the middle classes from April 2019. The fees payable to the Probate Registry will be dramatically increased from a flat rate of £155 for a solicitor application or £215 for a personal application for estates above £5,000 to a maximum of £6,000.