Wrigley Claydon Solicitors

Category: Trusts, Wills & Probate

  • What happens if I die without making a Will?

    Liam Payne made headlines recently when it came to light that he had died without making a Will. His £24.3 million fortune was left to his young son, Bear, (when he reaches the age of 18) under the rules of intestacy.

    The rules of intestacy are set out in the Administration of Estates Act 1925 and follow a strict order of priority.

    1. Spouse / civil partners.
    2. Children
    3. Parents
    4. Siblings
    5. Grandparents
    6. Aunts and uncles.
    7. The Crown (Bona Vacantia).

    Under the rules, Liam Payne’s long-term girlfriend and wider family are set to inherit nothing from his sizeable estate. This case isn’t rare, and has made headlines due to his celebrity status. His situation highlights the importance of estate planning and making a Will and raises some uncomfortable truths:

    1. Unmarried partners are afforded no legal protection.
    2. Dying without a valid Will in place means your estate may not be distributed in a way you would have wanted.
    3. There is no control over when and how young heirs receive the inheritance.

    We don’t like to discuss or even think about death particularly at such a young age. However, putting your wishes in writing ensures your wishes are carried out and protects your loved ones.

    If you would like to discuss any queries in relation to making a Will, the team at Wrigley Claydon will be happy to help. Please call Rachel Damianou, Jyoti Patel, or Eleanor Heap on 0161 624 6811 (option 3) or RLD@wrigleyclaydon.com.

  • What is Inheritance Tax and how will it affect me?

    Commonly dubbed as Britain’s most hated tax, Inheritance Tax is only currently payable on around  4% of estates. The value of an estate above the inheritance tax threshold is charged at 40% when people die. In her Autumn Budget 2024, Rachel Reeves announced the thresholds are to be frozen until at least 2030.

    With the continuing rise in house prices, and unspent pensions now set to form part of the estate from 2027, it is estimated that double the number of estates will now become chargeable. Will it affect you?

    • An individual’s estate will only become taxable if it worth over £325,000.00. This can double to £650,000 for married couples or civil partners, where the first to pass away has not used their individual allowance.
    • The residence nil rate band increases the threshold by up to £175,000.00 for those individuals leaving their home to direct descendants (i.e. children whether step or adopted, and grandchildren etc) and can also be inherited by a surviving spouse. This uplift gives a potential boost of £350,000.00 and creates a maximum joint inheritance tax threshold of £1 million.
    • If couples are not married or an estate is worth more than £2 million, this allowance can be reduced significantly.

    To ensure efficient tax planning on your death, a Will is essential.

    If you would like to discuss any tax planning queries or would like to make a Will, the team at Wrigley Claydon will be happy to help. Please call Rachel Damianou, Jyoti Patel, or Eleanor Heap on 0161 624 6811 (option 3) or RLD@wrigleyclaydon.com.

  • Willanthrophy

    ‘Willanthrophy’ is the act of leaving a gift to charity in your Will.

    The Organisation ‘Remember a Charity’ reports that approximately £4 billion is donated to charity annually through bequests in Wills. Leaving a charitable gift in your Will not only supports a cause that is close to your heart but can also reduce the inheritance tax (IHT) burden on your estate.

    Gifts to charities are completely exempt from IHT regardless of the value of the gift. An individual that leaves at least 10% of their estate to charity will be charged a reduced IHT rate of 36% rather than the standard rate of 40%.

    Why do the gifts matter? We understand that family and friends do come first and should be provided for, but even a small donation left in your Will could make a huge difference for a Charity. Charitable bequests contribute to over 50% of British Heart Foundation’s funded lifesaving research. They fund 40% of the work carried out by Dogs Trust. A third of the work carried out by Cancer Research is funded by gifts left in Wills. Hospices are part funded by the NHS but rely heavily on donations and fundraising. Doctor Kershaw’s Hospice say: “by leaving a gift in your Will, you can help ensure we continue providing vital care and support to those who need us most!”

    Anyone who would like to leave a gift from their estate to charity must have a Will in place to make sure their wishes are met. If you already have a Will in place, this should be checked periodically to ensure it remains in line with your wishes.

    If you would like help in drafting your Will, or would like to now leave a charitable bequest, the team at Wrigley Claydon will be happy to help. Please call Rachel Damianou, Jyoti Patel, or Eleanor Heap on 0161 624 6811 option 3.

  • An 8-Step Guide on what to do when Somebody Dies – Practical Advice from Wrigley Claydon

    We understand it can be a really difficult time when a loved one passes away,  however there are key things that must be done. Here is a step-by-step guide on what to do when someone dies.

    1. Register the death – a medical certificate will need to be provided at your local registry to register the death.
    2. Check for a Will – The executors (if your loved one left a Will) or the next-of-kin (if not) should then arrange the funeral. Any funeral account that it not pre-paid can be paid from the deceased’s bank accounts.
    3. Tell Us Once is a government service that allows you to report a death to all government bodies in one go.
    4. House Insurance – If your loved one has left an empty house, make sure the house is secure and insured.
    5. Financial Institutions – Register the death with all financial institutions i.e. banks and building societies. Do note most institutions will have different requirements to close accounts.
    6. Apply for Probate (if necessary). Executors of the Will should apply. If your loved one died intestate, the Law of Intestacy governs who can apply.
    7. Collect in all assets and pay any final bills or liabilities including selling any properties as necessary.
    8. Distribute the Estate in accordance with the Will or the Law of Intestacy.

    If you would like to discuss any of the above whether that be applying for Probate or drafting a Will, the team at Wrigley Claydon will be happy to help. Please call Rachel Damianou, Jyoti Patel, or Eleanor Heap on (0161) 624 6811 option 3.

  • Invalid Wills

    The Price of an Invalid Will:

    Two recent cases in the press have highlighted the importance of a properly drafted and executed Will. Instructing a solicitor to draft your Will may seem expensive, however an invalid Will can also prove to be pretty costly.

    Margaret Baverstock was so unwell when she signed her Will in 2021 that she ‘could barely flicker an eyelid’ Judge Evans-Gordon noted when Margaret’s son, John, contested the home-made Will drafted by his sister, Lisa. He challenged the Will, that appointed Lisa as the sole executor and beneficiary, on the basis of a video provided by Lisa which showed her manipulating her mother’s hand to sign the Will. The Judge ruled that Margaret lacked the necessary testamentary capacity and ruled the Will invalid. As a result, the estate is to be split equally between John and Lisa, with Lisa bearing her brother’s legal costs amounting to a cool £80,000.00.

    In another case, “Legal Love Letters” were instructed to draft a new Will for Dr Rosemary Hill just days before she died. The Will gave bequests to numerous charities.  The Will however was unfortunately deemed invalid as only one witness was present when Dr Hill signed her Will at home.  The charities that lost out on the bequests are now taking legal action against this unregulated Will drafting business.

    One way you can ensure that a Will is valid and has been drafted correctly and as per your wishes is by instructing a solicitor to draft and witness the same. Home visits are often available if you or a relative would like help in making your Will. Please contact the team at Wrigley Claydon who will be happy to help.  Please call Rachel Damianou, Jyoti Patel, or Eleanor Heap on 0161 624 6811 option 3.

  • 7 Steps you need to take before creating a Will

    7 Steps you need to take before creating a Will

    Creating a will can be an important step to take before someone passes away, but it’s important to make sure you follow the correct procedures. Here’s a step-by-step guide to help you through the process:

    1. Understand what a will is:

    • It is a legal document that outlines how a person’s assets and property will be distributed after their death. The document must be signed and witnessed in a specified way in order to be valid.

    2. Create a will:

    • Create a will while you are still able to do so. It will help ensure that your wishes are carried out after your death. Without a will, the law will say who inherits your assets.

    3. Choose an executor:

    • Choose someone who is trustworthy and capable of handling the responsibilities involved, as they will be responsible for carrying out your wishes after your death.

    4. Gather information:

    • Before creating a will, you will need to gather information about your assets and property. This can include bank accounts, investments, property, and personal belongings.

    5. Consult a lawyer:

    • You may want to consult a lawyer to help you create a will. A lawyer can help ensure that the will is legally binding and meets your individual needs.

    6. Determine how assets will be distributed and any liabilities paid:

    • You will need to determine how your assets will be distributed after your death. You may want to leave specific items or amounts of money to certain individuals, or may want to divide your assets equally or unequally between people or organisations.

    7. Store the will in a safe place:

    • Once the will has been created, it should be stored in a safe place where it can be easily accessed after your death. This can include a safe deposit box, a fireproof safe, or with a trusted family member or lawyer.

    Creating a valid will can be tricky, but taking these steps can help ensure that your wishes are carried out and that your assets are distributed according to your wishes. Without a will, your nearest and dearest e.g. unmarried cohabitee may not inherit anything.

  • Three brothers win court battle with tennis coach sister over mother’s £1m will

    Three brothers, David, Nino and Remo Rea have succeeded at the High Court in a claim against their sister, Rita Rea when the brothers were cut out of their mother’s will.

    Their mother Anna left nearly all her estate, totalling circa £1m to her daughter in 2016, however, the Judge said the evidence suggested Rita had exercised ‘undue influence’ over her  mother such that she was ‘overborne’.

    ‘First, there is Anna’s frailty and vulnerability,’ he said in his judgment. ‘Wheelchair-bound, hard of hearing, and requiring constant care and attention, Anna’s quality of life was limited.

    ‘She seemed to spend much of her life colouring in children’s books. This is to be contrasted with what I find to be Rita’s argumentative and forceful personality, and her forceful physical presence.’

    Anna’s estate will be split four ways, as directed by the earlier 1986 will.  The judge stated that he would give Rita  21 days to launch a challenge to the decision with the Court of Appeal.

    Our Litigation Solicitors have handled cases involving;

    • Pursuing or defending Inheritance Act claims
    • Probate claims, including disputes as to the validity of Wills due to allegations of lack of capacity or undue influence and seeking to prove Wills.
    • Applications in respect of the removal or appointment of Personal Representatives or trustees
    • All aspects of contested claims between beneficiaries, personal representatives, Executors and trustees in relation to estates and trust funds

    Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com.

     

    Will Dispute
    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Spinningfields Office, Manchester

  • Burger van chef wins fight to keep £5m inheritance from customer

    Sam Jones, a burger bar chef will be allowed to keep the £5million left to him by David Turner “an eccentric businessman” after the millionaire’s estranged sister, Mrs Cano failed to have his will struck out.

    Sam Jones first met David Turner at his burger van.

    The High Court heard that Mr Turner treated Mr Jones ‘like a son’ but decided to cut his sister out of his Will completely, branding her a ‘conniving b***h’.

    In a new a Will drawn up in 2013, Mr Turner left everything to Mr Jones and other close friends. The Will was challenged by his sister, because a copy of his original Will has never been found.

    Mrs Cano argued that it couldn’t be proved that her brother had not destroyed his original Will after changing his mind about who he wanted to inherit his estate.

    She asked the judge to nullify the 2013 Will, which would have left her free to inherit under the laws of intestacy, because no other Will existed, and she stood in line as next of kin.

    However, Master Matthew Marsh, ruled against Mrs Cano stating ‘There’s no evidence that Mr Turner attempted to make a new will.’

    The judge’s ruling means that the 2013 will stand in favour of Mr Jones.

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Will Dispute
    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Spinningfields Office, Manchester

  • ‘Wifelets’ may have claim to Marquess of Bath’s £23m fortune – against his will

    Amanda Doyle, a mistress of Alexander Thynn the 7th Marquess of Bath and referred to as a “wifelet” by the Marquess is pursuing a High Court case pursuant to The Inheritance (Provision for Family and Dependants) Act 1975 for reasonable provision from the estate of the late Marquess. The estate is valued at £23 million. The Act allows for those who were financially dependent on the deceased in certain circumstances, claim for ‘financial provision’.

    During the course of a 51-year marriage to his wife, actress Anna Gael, Lord Bath allegedly had a total of 74 lovers or “wifelets”.

    Doyle alleges that she was ‘entirely financially dependent’ on the Marquess for 21 years which, she says ended only with the Marquess’ death in April 2020 after contracting the coronavirus.

    Like all her fellow wifelets, Doyle went unmentioned in Bath’s will, in which he left everything to Anna, their daughter and son Ceawlin who is now the 8th Marquess.

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Civil Litigation
    Dispute Resolution
    Will Dispute
    Commercial Litigation
    Manchester Office

  • Sign up for a free Will during Dr. Kershaw’s April Will Month

    Wrigley Claydon Solicitors have once again partnered with Dr Kershaw’s Hospice to provide the community with access to Will writing services whilst raising vital funds for patient care. This gives those who haven’t yet got a will the opportunity to access the expertise of local solicitors whilst supporting the Hospice.

    Rachel Damianou at Wrigley Claydon Solicitors explains: “Everyone should have a will and making a will under this scheme is a great way to sort out your own affairs whilst benefiting a really worth while local charity.”

     

    With the slogan, ‘Make a Will, Make a Difference,’ Dr Kershaw’s Will Month
    takes place throughout April.

    Hospice Community Engagement Team Leader, Lillie Winterbottom, adds: “A Last Will and Testament is your way of telling everyone what should happen to your money, possessions, property and who should care for you children or pets after you pass away. Throughout April, selected solicitors are offering to help you write your Will, giving their expertise completely free of charge, asking instead that you make a difference towards patient care at our Hospice. All you have to do is look at the list of solicitors who have partnered with us on our website, contact your chosen solicitor to make an appointment for in April, mentioning Dr Kershaw’s Will Month, and then make a donation to the Hospice directly with your solicitor.”

    Making a Will with one of the hospice’s supporting solicitors is free of charge. However, to support patient care there is a suggested minimum donation of £75 for a single Will, £100 for a Mirror Will, and £50 for a Codicil. The solicitors taking part in the scheme are waiving their fees for simple Wills, However if there is a more complex requirement there may also be an additional fee to pay them. Your solicitor will be able to advise of this once an appointment has been made.

    To make an appointment, or discuss any aspect of Wills, Lasting Powers of Attorney or Probate, phone Rachel Damianou on 0161 624 6811 or email rld@wrigleyclaydon.com