What Claudia’s law means when someone is missing

Posted on 27th April 2021

Claudia Lawrence, a chef at York University, went missing in 2009. In these circumstances the rule is that someone will be presumed dead when they have been missing for seven or more years.

Claudia’s father, Peter, Kevin Hollinrake MP, and the charity Missing People, campaigned for this rule to be changed. They argued that the family and friends of a missing person should be able to deal with their property and financial affairs before seven years have passed.

booklet with the title 'wish you were here' re Claudia's law

Can I leave cryptocurrrency in my Will?

Posted on 13th April 2021

Cryptocurrencies like Bitcoin or Ethereum are digital – they can be bought, spent, saved, and sold.

Unlike money you might have an a bank account, cryptocurrency is handled using computer technology known as ‘blockchain’.

People store cryptocurrency in a digital wallet and they must have virtual keys to access it.

Executors must keep good records

Posted on 23rd March 2021

If someone asks you to be an executor for their Will you will be responsible for making sure their estate is properly wound up and that their wishes are carried out.

There are legal responsibilities associated with being an executor, including:

registering the death

arranging the funeral

valuing the estate

paying any inheritance tax

applying for probate

resolving finances

distributing the estate

keeping estate accounts.

All the costs of administering the estate and receipts should be recorded.

Why mental capacity is important

Posted on 9th March 2021

Having mental capacity is one of the conditions that you must meet for your Will to be valid. This means you must be able to understand and retain information for long enough to weigh it up and make a decision. You must also be able to communicate the decision you have made.

Why you need a Will for your business

Posted on 23rd February 2021

A valid Will makes it much easier for your executors to administer your estate when you die. Your friends and family will receive their inheritance as you intended, and people will be reassured that they understand your wishes.

There are almost six million businesses in the UK, most of them ranging from sole traders to businesses with around 10 employees, but many people don’t put the same measures in place for their business.

How long will probate take?

Posted on 9th February 2021

We’re told that waiting times for grants of probate have now been reduced to around five weeks.

HM Courts & Tribunals Service (HMCTS) says that the number of grants issued each week is now higher than the number of applications being received.

If you apply for probate online, an option that was introduced in November last year, you should only have to wait around four weeks. If there aren’t any errors or omissions in the application, it could even be handled in a week.

If you submit the paper forms instead, you should receive your grant within eight weeks.

However, this is just the beginning of the process of administering an estate on behalf of a friend or family member.

Can I take Mum out of her care home?

Posted on 26th January 2021

A warm and friendly care home is often the best place for a vulnerable elderly person to live.

If your parent has been unwell or has been diagnosed with dementia, for example, they might not be able to live safely at home. They might be struggling with day-to-day activities like washing and preparing food. Round-the-clock support from trained professionals in a safe environment could help them to live their lives more fully and reduce their anxiety.

However, during the coronavirus pandemic some relatives have been concerned that they are unable to visit their loved ones and have been worried about the health risks they face. They have been shocked to discover that they can’t take them out of the care home to live with their family.

Why you need to plan today

Posted on 12th January 2021

One thing the coronavirus pandemic as taught us all is that we simply don’t know what’s around the corner.

While the vaccine roll-out is giving everyone hope that there will be a time when we can put these difficult days behind us, we are more aware than ever that accidents, illness, or disability can affect anyone at any time.

Updating LPAs

Posted on 15th December 2020

The Ministry of Justice (MoJ) and the Office of the Public Guardian (OPG) have launched a project to update the process of making and registering lasting powers of attorney (LPAs).

Initially they will hold a series of events and surveys that will lead to a formal consultation in spring 2021.

Reducing errors in online probate applications

Posted on 27th November 2020

HM Courts and Tribunals Services (HMCTS) have published a guide to help reduce potential errors in online probate applications.

On average, over a third of applications for probate are ‘stopped’ by HMCTS because they are missing documentation or essential information.