Why you should set up a business Lasting Power of Attorney
Most people understand the benefits of a lasting power of attorney, which allows an individual to nominate someone to take decisions on their behalf, if they become incapacitated in some way. Less well known is the ability to put an LPA in place for a business, which makes a lot of sense in the current […]
Remotely witnessed wills officially declared valid in England and Wales
The law of wills in England and Wales is to be amended to allow the remote electronic witnessing of wills under certain conditions. The change is to be backdated to 31 January 2020, in order to reassure the public regarding any wills that may have been remotely attested during the coronavirus epidemic. The existing law […]
Solicitors braced for contentious probate spike caused by lockdown wills
Lockdown wills could prompt a wave of contentious probate claims, solicitors have warned, as video conferencing sows confusion about the witnessing of documents. The Wills Act 1837 requires wills to be signed in the presence of two or more witnesses. In guidance published in April, the Law Society of England and Wales – unlike that […]
Practitioners warn banks against releasing large sums before grant of probate
Solicitors for the Elderly (SFE) has warned that some financial institutions are releasing as much as £125,000 from estates to a deceased’s relatives without requiring a grant of probate. SFE’s Chairman Michael Culver TEP says that, in recent years, the cash limit has risen steadily from the traditional £10,000, under pressure from bereaved families dealing […]
England and Wales High Court issues warrant for apprehension of elusive executor
The England and Wales High Court (EWHC) has issued a bench warrant for the arrest of Stephen Frejek, son and former executor of the late Brenda Frejek, because he has failed to obey previous court orders requiring him to account for his dealings with the estate. Stephen Frejek became his mother’s executor after her death […]
Government comments on calls to relax witnessing rules for Wills in England and Wales
The Ministry of Justice has commented on suggestions that it should ease the requirement in the Wills Act 1837 for two independent witnesses to be physically present when a Will is executed in England and Wales. Parliamentary under-secretary Alex Chalk told the House of Commons this week that ‘the constraints of the COVID-19 situation must […]
Deputies and attorneys must maintain duties during coronavirus isolation, says OPG
The Office of the Public Guardian (OPG) has advised deputies and attorneys in England and Wales that they cannot temporarily give up or delegate their role if they cannot visit the protected person during the coronavirus crisis, even if they themselves are in isolation or shielding because of government guidelines. ‘During the coronavirus outbreak, your […]
Emergency changes to UK IHT payments and returns processes
HMRC is scrapping cheques for the payment and repayment of inheritance tax (IHT), as a result of the coronavirus crisis. It will no longer accept payment of IHT by cheque, and will not issue cheques or payable orders for the repayment of IHT. In future, the tax must be paid by any of the other […]
Coronavirus: Wills ‘being signed on car bonnets’ amid lockdown
Documents have been held in place by windscreen wipers and signed on a car bonnet in a novel way for Wills to be witnessed during social distancing. Signatures are also being watched through windows and patio doors as current restrictions make 200-year-old Will writing laws difficult to uphold. Ministers say there are no plans to […]
The difference between attorneys and executors
The difference between executors and attorneys is often misunderstood and I find clients can be confused about the difference between each role. The role of attorney and executor are similar to some extent but also very different. Both roles involve attending to somebody else’s financial affairs but in very different contexts and they involve appointment […]
