Wrigley Claydon Solicitors

Category: Trusts, Wills & Probate

  • Powers of attorney for business owners

    Powers of attorney for business owners

    When you set up a new business, one of the first things you need to put into place is insurance. Whether this is employers’ liability insurance, buildings insurance or contents insurance, it makes sense to know you’re protected. But what would happen to your business if you were no longer there or able to take care of it? This is where Lasting Powers of Attorney (LPA) can help.

    Appointing an attorney is like taking out another form of insurance for your business – it’s the peace of mind in knowing that someone you trust will be there to take care of things if you aren’t able to do so. Problems with the business could affect a range of people – from your customers who may be reliant on your service or products, to your employees who depend on their wages, to your family who may feel the strain should your business suffer. While it may seem obvious who would take over your business affairs if you were required to stop working, an LPA is required for this to go into affect. Without an LPA, your trusted partner or colleague would not have an automatic right to handle your affairs and there is no guarantee of what would happen to your business, so it needs to be formally put in writing.

    But who should you appoint? A business Lasting Powers of Attorney is different to a personal Lasting Powers of Attorney and it’s important to know what you are granting someone the power to do. In most circumstances, an attorney is able to buy and sell property, organise insurance, access bank statements and accounts, invest assets, and deal with taxes on your behalf – so it is crucial you choose someone you trust. Unlike a personal LPA, a business attorney may not necessarily be a friend or relative, but rather someone who knows the business well and who you trust with your professional affairs. If you have a business partner, they would be the obvious choice. Should you not have just one person who you trust with everything, you may be able to elect more than one attorney – for example, you may wish to elect a colleague to take care of accounts and business decisions, but a family member to take care of property or assets.

    Following recent changes in the law, appointing an attorney is now significantly more complicated. We have created an information sheet, outlining all the necessary information required to make and implement your decision, however, we highly recommend contacting a trusted solicitor. Our team of professionals have years of experience and can assist you from the beginning to the end of the process, ensuring that your business is in safe hands.

    To speak to our probate team, contact us on 0161 624 6811 or send us a message through our contact form.
  • Your Digital Legacy

    Your Digital Legacy

    The Law Society is the latest in an increasingly long line of organisations to stress the importance of online assets. More and more testators are being encouraged to leave instructions regarding their ‘digital legacy‘ in their will due to modern society’s reliance on online services. The Law Society has recommended that testators keep an up-to-date list of all online accounts, including email, online banking and social media with instructions on what should be done with these accounts after death.

    Most people these days will leave behind a ‘digital footprint‘ – a presence online after they have passed away – and many legal professionals believe that this needs to be addressed, so that family members or loved ones are able to recover or close those accounts after the person is no longer here.

    While many will simply want to be safe in the knowledge that they are no longer visible on sites such as Facebook, Twitter and LinkedIn, for some, including online assets in a will has more serious, financial consequences. For those with online collections of music or film, paid-for domains or online currency (Bitcoin), it becomes a little more complicated, and questions have been raised as to whether these online assets are worth anything after the death of the owner, and if so, how they should be treated in regards to tax.

    Indeed, with many people actually making money online, either through games such as Second Life, or through blogs or YouTube channels, there is a growing discussion over the validity of online assets. Patricia Milner of Withers has said, “What such an asset would be worth for inheritance tax purposes on death is unclear, as the market in this kind of asset is very new.”  However a precedent will never be set unless people begin to consider it when writing a will.

    So how should you go about including your digital legacy in your will? Firstly, it is crucial not to disclose passwords or PINs. Even after death, if a loved one was to access your account, they would technically be committing a crime under the Computer Misuse Act of 1990, so simply a list of sites with a username for each is recommended. Secondly, it is important to note, that even if you have specified instructions in your will, the person acting out your wishes will still be at the mercy of the service providers.

    Since this is a new development, there’s no guarantee that an email provider or social media site will comply to the demands, and indeed iTunes has specified that any assets die with the original owner. However law professionals have stated that these policies are likely to change and develop as wills containing wishes relating to a person’s digital legacy become more common.  For now the best thing to do is to lay out your express wishes regarding any and all online accounts or assets, which will give your loved ones the best chance of fulfilling them.

    If you have any questions about writing a will, Wrigley Claydon can help. Contact Rachel Damianou or Jyoti Patel from our experienced wills, probate and trusts team today on 0161 624 6811 or send us a message through this website.
  • The importance of making a Will

    The importance of making a Will

    A recent study by Aviva has revealed that money is often a taboo subject for the over 55s, with more than a quarter of over 55s admitting they haven’t discussed their financial retirement plan with their spouses. Even more worryingly, only just over a third of over 55s have yet to write a Will. This resistance to discuss important financial decisions even with loved ones can lead to troubling consequences, and it is important to ensure that you are in control of what happens to your property, possessions or savings if the worst should happen.

    While discussing the inevitable can be difficult to face, should you pass away without having written a Will, the law will determine how your money, property and possessions are divided. In today’s society where many families have a less traditional structure, this can create unnecessary issues where loved ones to whom you may want to leave a sum of money may not be able to receive it. Your property or possessions may also risk being left to someone who you do not wish to inherit them.

    However, by putting a Will in place as early as possible, you will be able to put plans in place for your children, grandchildren, spouse or other loved ones. It is important that it is written correctly by a qualified law professional. While many companies now sell ‘DIY’ will writing kits, or instructional books on how to write a Will, it is very easy to make mistakes. The correct jargon must be used and any vague or unclear language, as well as any spelling or grammatical errors, could cause your will to be interpreted incorrectly. Often more importantly, mistakes made when signing and witnessing a Will can result in the Will being invalid entirely.

    It is also important to keep your Will up to date. Your Will can be amended any time, so if your family circumstances change (such as grandchildren being born or a divorce within the family), it is possible to modify your original document to reflect these changes. Your will should also be modified if your financial situation changes, for example if you have inherited a sum of money or set up a business, so that your new assets can be included in the document, and also to prevent any tax complications.

    Making a Will should not be left to old age – at Wrigley Claydon, our Will Department are able to help you make a Will, or amend your pre-existing Will if your circumstances have changed.

    Our team of professionals can assist you from start to finish and ensure that your loved ones are covered. To read more about the process of making a Will, download our information sheet. You can also call us on 0161 624 6811 for more information, or contact us through our enquiry form.
  • The complications with lasting powers of attorney

    The complications with lasting powers of attorney

    Recently discussions regarding handing over authority to another person to act on your behalf should you become mentally or physically incapable have been rife.  Lasting Powers of Attorney  (LPA) have been all over the newspaper headlines because some family members have been abusing their power, whilst others have become frustrated by banks refusing to acknowledge theirs.

    People can become unable to manage their own affairs or need assistance in doing so, at any stage of life.  An accident, physical ill health or the onset of mental illness may make the everyday routine of paying bills, writing cheques etc both difficult and stressful and, in some cases, impossible.

    The LPA system is an insurance policy against problems that may occur later in life.  It is advisable to put an LPA in place while you can – if it never has to be used, nothing is lost, but it makes things much easier should physical or mental health issues make it difficult to look after your own affairs.  Friends and family do not automatically have the right to take over, and signing an LPA can ensure peace of mind that someone you trust will be able to look after the things that matter.

    Anyone  who is over the age of 18 and mentally capable can make an LPA. The completion of a Lasting Power of Attorney does not restrict your right to go on looking after your own affairs so long as you are able. Before the LPA can be used, it needs to be registered with the Office of Public Guardian.

    Inevitably, appointing an Attorney is not a simple process and rules have been put in place to ensure that the system is not abused.

    Making a Lasting Power of Attorney is an important matter.  Many people begin to consider making an LPA at a time when their mental and physical health is beginning to decline, which is a difficult time for any family. This is where Wrigley Claydon can help.

    Our Probate Department is on hand to discuss your requirements, with home visits also available for the elderly or infirm.  If you have any questions or concerns regarding Power of Attorney, please do not hesitate to call us on 0161 624 6811or email us at info@wrigleyclaydon.com.
  • Does charity begin at home? Making a Will

    Does charity begin at home? Making a Will

    September saw “Remember a Charity in your Will” week. Charities joined forces with the government to highlight the importance of gifts left to charity in Wills.

    Apparently, 74% of people regularly support a charity in their lifetime but only 6% of people in the UK have left a gift to charity in their Will.However, during a six month project conducted by the Cabinet Office Behavioural Insights Team, this percentage rose to 10% when Solicitors told their clients that leaving a gift to charity was an option.

    When clients were asked if there were any charities that they were passionate about, giving rose again to 15%. During the trial an additional £1m of gifts was left to charities in Wills.

    Leaving a gift to your favourite charity on your death is one of the many reasons for making a Will. Making a Will ensures that any specific intentions you have for the disposal of your property, money and possessions, after your death, can be carried out.It also gives you the opportunity to provide for your children, a relative or friend or to minimise potential tax liabilities. Above all, it prevents added stress and worry to your family at a time of bereavement.

    If you would like to talk to us about making a Will please call us on 0161 624 6811 and ask to speak to a member of our Wills and Probate Team.
  • 700% increase in Will Disputes

    700% increase in Will Disputes

    The number of people choosing to challenge a Will has reached an all time high. Recent High Court figures show that there has been a 700 per cent increase in High Court actions challenging wills over the past five years, while the number of wills declared invalid has almost doubled.

    High profile Will Dispute, Bernard Matthews case

    A high profile example of Will Dispute is the case of Bernard Matthews, famed for his turkey empire. He left his £12 million Saint Tropez villa solely to his French mistress and a £30 million share, of his £40 million estate to his biological heir. His three adoptive children successfully challenged this in the High Court.

    Do you have grounds for a Will Dispute?

    Shalish Mehta, our litigation specialist stresses that if you think you have grounds for complaint then it is important to move quickly, preferably before Probate is granted. “The longer you take to lodge an action the weaker your case may be when it comes to court. Normally an application under the Inheritance Act 1975 will need to be made within 6 months of the Grant of Probate being made. There may be some circumstances when the Court may be prepared to extend the time limit.”

    Shalish highlights what to consider when making a Will Dispute:

    IS THE WILL VALID?
    A Will won’t be valid if: –
    • It is not signed and witnessed properly
    • The person making the Will did not have mental capacity to make a Will.
    • It was made under undue pressure

    THE WILL MUST BE SIGNED AND WITNESSED
    A Will can usually be made only by someone aged 18 years or over. Wills usually have to be in writing and signed by the person making the Will in the presence of two witnesses who are not going benefit from the Will. The witnesses should also not be married to anyone who will benefit from the Will. Whilst the Will might still be valid in these circumstances but the gift might fail.

    THE PERSON MAKING THE WILL WAS MENTALLY CAPABLE
    They must be capable of understanding that they were making a Will and disposing of their assets on death. They must also be capable of understanding the extent of the estate. Capacity may be lacking because of mental illness; commonly Alzheimer’s disease or other forms of dementia.

    UNDUE PRESSURE
    The person making the Will should not be under pressure or duress from any other person to write their Will in a particular way.

    FRAUDULENT OR FORGED WILLS
    Fraud can take a number of forms. For example, you could have been left out of a Will because another person made misrepresentations about you to the deceased. Another example of fraud is where the person who drafted the Will for the deceased left a large portion of the estate to himself without the deceased knowing. Where you suspect there may be fraud the Will can be contested.

    INADEQUATE PROVISION FOR YOU IN THE WILL
    Certain people can still challenge a valid Will if it fails to make reasonable provision for them. The Court has the power, under the Inheritance (Provision for Family and Dependants) Act 1975 to ensure that they are provided for.

    WHO CAN CHALLENGE UNDER THE 1975 ACT?
    There are seven categories of people who can challenge a Will: –

    • A spouse of the deceased
    • A civil partner of the deceased.
    • A former spouse of the deceased who hasn’t remarried
    • Children of the deceased
    • Stepchildren of the deceased
    • A partner who lived with the deceased for at least two years prior to the death
    • Any other person who immediately before the death was being maintained, either wholly or partly by the deceased
    For more information or to speak to our team about a Will Dispute please call us on  0161 785 3534.

    Team: Shalish Mehta

  • What we do as your probate solicitor after someone has died

    Probate SolicitorDo I need a probate solicitor?

    When someone dies, someone needs to sort everything out. Death is a major event which has consequences that need to be properly handled on behalf of the deceased. Probate is the legal authority conferred upon someone to carry out the administration of the estate.

    The ‘estate’  includes;

    • money, both cash and money in a bank or building society account. This could include money paid out on a life insurance policy
    • money owed to the person who has died
    • shares
    • property, for example, their home
    • personal possessions, for example, their car or jewellery
    As your probate solicitor these are the services we can provide;

    1. Register the death with all the relevant authorities without the need for you to obtain numerous death certificates and contact numerous authorities.

    2. Obtain the official document called a grant which authorises a named individual to administer the estate for example close bank accounts and encash insurance policies held by the deceased.

    3. Our application for a grant as a probate solicitor will be dealt with in priority to an individual’s application.

    4. Deal with the inland revenue on your behalf.

    5. Ensure monies are paid out to the correct beneficiaries – identification can be problematic especially if there is no will. we are fully insured.

    6. Arrange for property to be transferred following a death or deal with its sale.

    It is always best to get legal advice from a probate solicitor.  We are an experienced firm who understand and are able to deal with all possible aspects that can arise on someone’s death.

    For more information or to speak to one of our probate solicitors Rachel Damianou or please call us on  0161 624 6811.

  • Making a Will

    Surveys carried out by www.which.co.uk show that half of the population does not have a Will. Furthermore, people put off making a Will, often until they are in their 50’s. This leaves a sizeable number uncovered, not to mention those who die young.

    Making a Will lets you leave clear instructions about how your estate is to be distributed.

    Without a Will, distribution of your estate is directed by the Intestacy Rules. This may not be what you want e.g. your spouse may not receive as much as you would want and unmarried partners would receive nothing.

    Making a Will allows you to say exactly who receives what and who will be appointed to administer your estate. You have the opportunity to leave a legacy to friends and charities. If you have remarried, a Will can ensure any children from your first marriage receive a share of your estate.

    In short, making a Will relieves some of the stress and worry experienced by your family at a time of bereavement. The process need not be complicated or expensive.

    At Wrigley Claydon we are sympathetic, helpful and have the necessary expertise to advise and guide you smoothly through the process of writing a Will.

    If you have any questions or would like to discuss making your Will please contact Rachel Damianou on 0161 624 6811 or email rld@wrigleyclaydon.com.