There’s no doubt that pets have always been important in any family dynamic, but recently, people are spending both more and more time with and money on their pets, with many owners considering them to be on the same level as their children – but...
Wills, Trusts & Probate Blog
After all of the speculation, the UK Government announced the Autumn Budget on 30th October 2024. Within the budget there were a number of inheritance tax changes which may affect you and your estate planning. These include: The Nil Rate Band and Residence...
How to prepare for the autumn budget – Private Client Whenever there is a new change of government and potential tax announcements to follow, it is always a good idea to review your estate planning. The autumn budget is due to be announced on...
When a person dies, there will also be a person who is responsible for their estate. This person may be an executor appointed through a Will or an administrator for the estate under the intestacy rules. Whether you are an executor or an administrator you...
You will have heard the prime minister’s speech yesterday about “painful” tax rises in October when the new Government has its first budget. The Chancellor has ruled out increases in Income tax, National Insurance and VAT so that only...
Generally, applications challenging the validity of a person’s wills are not time-limited. In contrast, claims under the Inheritance (Provision for Family and Dependents) Act 1975 are time-limited to six months from the date that the Grant of...
This is one of the first questions people ask when someone dies. Often, probate isn't needed particularly if a person only has joint bank accounts, or their house is owned jointly with their spouse or partner. If they own bank accounts in their sole...
Property can be left under a Will to a beneficiary, without that beneficiary owning the property but still having an interest in possession. However, an interest in possession can take different forms, depending on how the will is drafted. Interest in...
Having been late to the party, I have finally watched the final series of the Succession, I couldn’t help but notice the dispute regarding Logan Roy’s ‘instructions’ upon his death and speculate what the outcome could be in England or...
People always want to do their best for their loved ones, and included in that, is providing a funeral service that they think their deceased relative or friend would be pleased with. However, this can cause issues of contention between different family...
Just because someone is famous it does not necessarily mean they have their affairs in order when they die. It is quite common to hear of celebrities who have passed and whose death has raised various questions into the administration of their estate, and...
The Financial Times has published an article which sets out the significant increase in probate disputes that has occurred between 2016 and 2023. In the first nine months of 2023 there were almost 390 probate disputes which is more than double than in the...
Brethertons LLP , a prominent legal services provider, is thrilled to announce its recognition as one of the leading law firms in the Oxford and Surrounds region for Private Wealth Law by the High Net Worth Guide 2023. The Chambers High Net Worth Guide is...
The Issue: From 6 October 2020, new rules came in that extend the number of trusts that now need to be registered with HMRC’s Trust Registration Service (TRS). Trusts that had not traditionally needed to be registered because there was no tax to pay,...
Unfortunately it can take a significant amount of time from deciding to separate to receiving your decree absolute/final order. During this time you are still considered to be married – this can be beneficial in terms of things like pension rights if...
Suffering the loss of a loved one is a difficult time on its own, without the added stress of knowing what to do with their house. If you find yourself in this unfortunate situation, here is a short guide on where to start with the process. In the...
Update Your Will Week 2023. This week (23rd – 29th January) is Update Your Will Week , an awareness campaign hosted by Solicitors for the Elderly (SFE) to encourage more people to update their will and ensure their wishes are carried out when they...
I have recently read a STEP article about marriage revoking Wills ( I'm getting re-married, will my children still inherit? STEP Advising Families ), and it got me thinking about other weird and wonderful laws that might impact your future plans in ways...
Brethertons Solicitors invite you to participate in, and benefit from, the support we give to Katharine House Hospice Make a Will Fortnight (3 to 14 October 2022). Please contact any one of our three offices in Banbury, Bicester or Rugby to...
We are supporting ‘ Remember A Charity Week’ from 5-11th September 2022 across all three of our offices in Banbury, Bicester and Rugby. “Remember A Charity Week,” is about reminding clients they might consider including a...
Most of us have a digit footprint on Instagram, Facebook, Twitter and the like. We also have photographs, videos and other memories stored with Google, Apple and Meta. Have you thought about what happens to all those images and memories when you die or if...
Leading legal services provider Brethertons LLP, is celebrating after being named as one of the top law firms in the region of Oxford and Surrounds for Private Wealth Law by the High Net Worth Guide 2022. The Chambers High Net Worth Guide researches...
I have recently finished watching BBC drama ‘The Split’, which always makes interesting viewing for lawyers. Despite the scarily frequent professional conduct breaches obvious to the trained eye, it has raised some thought provoking...
Instructing a solicitor to prepare your Will is usually seen as the expensive way to do it but using a solicitor can save a lot of stress for you and your family, as well as giving you peace of mind and potentially saving you additional costs in the future. ...
One of the fundamental principles of English law is that a person is free to draw up a Will that sets out how they wish to distribute their property. How and to whom that distribution is made is their choice alone and should be free from the interference of...
For those entrusted with what can often be a daunting task of administering the estate of a deceased loved one, there can be many hurdles to overcome. A common query from individuals in this position, is whether or not they need probate. What is probate? ...
Brethertons’ award-winning Wills, Trusts and Probate team with the help of some of our clients and staff have been supporting those in need, by running a food bank collection in our Rugby and Bicester offices to donate to the Trussell Trust. ...
Beneficiaries often ask how long it will take to receive their inheritance. The short answer is that “it depends”. Every estate is as unique as the person who owned the assets. If the person rented their home and only had one bank account,...
Business as Usual? If you are a business owner, planning for the future is something that often gets pushed to the bottom of the list, particularly following a global pandemic. Lawyers like myself spend a lot of time reminding business owners to put in...
Imagine the following situation. Your mother and father divorced and some years later your father remarries a woman who has two children from her first marriage. You all get on well, celebrating Christmas and other holidays together. Suddenly, your father,...
We are once again supporting the Katharine House Hospice Make a Will Fortnight from 4 -15 October 2021 across all three of our offices in Banbury, Bicester and Rugby. It is a great opportunity to provide vital support to a local hospice, and at the...
I recently watched Channel 4’s drama “Help” staring Jodie Comer as key worker at Bright Sky Homes, a fictional Liverpool care home, and Stephen Graham as one of the residents, set during the early stages of the COVID-19 outbreak in the UK. ...
“It was so important to get it right” – how local law firm Brethertons LLP kept “business as usual” for clients desperate to update their Wills in lockdown. Back in March 2020, as Covid-19 was taking hold across the UK and...
In an increasingly digital world, many of us are guilty of not thinking about how our digital lives will pass on our deaths. Many of us now hold digital photographs on our mobile phones, monies in digital wallets like Paypal, social media accounts and even...
According to research undertaken by Alzheimer’s Research UK, the number of people with dementia is projected to increase rapidly. It is predicted one million people in the UK will have dementia by 2025 and this will increase to two million by 2050*. It...
This is a common question will drafters get asked, and the answer is, if you want to decide who inherits your estate on your death, then yes, is does matter. If you pass away without making a valid Will, your estate will be dealt with under the Intestacy...
It is not uncommon for individuals to have a joint bank account with a spouse, partner or adult child. This arrangement provides easy access for both parties to make withdrawals or to manage joint expenditure such as household bills. Joint accounts may...
Dementia Action Week is a national event which runs from 17 th May to 23 rd May. It is a time to raise awareness of dementia and encourage individuals to take action to improve the lives of people living with dementia. At Brethertons, we are supporting...
The simple answer is – yes! Marriage, separation and divorce can have unintended consequences on how your estate passes when you die, whether you have a Will or not. Marriage Many people don’t realise that marriage revokes your Will unless...
SPRING - into action Top Reasons to update your Will - Besides doing it for those you love (or dislike!) With spring pleasantly around the corner and the promise of your favourite flowers and plants once again, coming into bloom. Use this...
If you have not seen the recently released black comedy I Care A Lot [C1] you are in for a treat. Rosamund Pike plays Marla Grayson, a Guardian who is appointed by the Court to care for elderly people who have lost mental...
Throughout most of 2020 and into 2021, the “Free Britney” movement has spread across social media. The movement regards pop megastar Britney Spears, who is under a ‘conservatorship’ whereby her father and a trust company manage her...
What do I do when someone dies? Firstly, I am sorry that you are having to read this. Whether you have just lost a loved one or you are preparing for the worst, bereavement is a terrible thing to have to endure. The most important things… ...
A Deputy can be appointed by the Court of Protection to manage a person’s financial affairs when they are unable to manage them themselves. The person whose financial affairs are being managed is called the protected party. The Deputy can be a...
There are many parents across the country whose children suffer from a birth or acquired disability, such as a brain injury or learning difficulties. As they grow older, these children continue to require support to help them to be independent. When you...
Can I transfer my home to my children to avoid it being sold to pay my care fees? For the majority of people, the family home is their most expensive asset and many people are concerned that should they ever require residential care, they may be forced to...
Close family relationships often mean that the donor - the person who grants the Power of Attorney - choses a family member to be their Attorney. With Lasting Powers of Attorney for Property and Finance once they are registered at the Office of the...
When you are appointed as an Attorney for someone under an Enduring or Lasting Power of Attorney to deal with finances, it can be confusing to understand when and how you can start helping the donor (the person who made the Power of Attorney) with their...
In a previous blog ( click here to read ) I discussed some of the things to be wary about when drafting your own Will or instructing a company to draft your Will on an “execution-only” basis, ie. without getting any legal advice. ...
With lockdown still affecting a lot of people whose health could be at risk if they catch Covid-19, we are supporting our loved ones in lots of different ways. Keeping in touch Some families and friends have made sure that their relative feels supported...
Many people think that having a Lasting or Enduring Power of Attorney to deal with their finances is all that they need in case they are not able to deal with their finances - but what happens about decisions for your health and welfare if you are unable to...
In recent years, people have been thinking about how they can protect themselves in the event that they lose capacity in future. Unfortunately, sometimes those protective measures cannot be put in place in time. As solicitors, we often see people in a...
Powers of Attorney - They can’t manage their finances anymore – can I keep using the joint bank account? This is a question many people can face. Joint Bank accounts They may have always shared a joint bank account with their spouse or...
The short answer is that everyone should have an up to date Will to ensure that their wishes are put into effect after their death. However, it is particularly important to check whether you need to make, or amend a Will when you are going through any...
It feels like a long time ago since 23 rd March when Boris Johnson announced that the country was going into lockdown. Over that period, solicitors and will writers across the country were inundated with enquiries from people who wanted to update their Will...
When you make a Lasting or Enduring Power of Attorney you appoint the people you feel you can trust to manage your financial affairs and act in your best interests. However times change and so do some relationships. Thinking about who you have appointed...
As the shops have started opening with pubs and restaurants soon to follow we all hope that we can start returning to normal but this might not be the case if your loved one is in a Care Home. During lockdown many Care Homes have taken the...
The current pandemic, caused by a coronavirus called Covid-19, has caused widespread problems for those who struggle to manage their own finances. People who are often able to do things with assistance, such as go to the bank or buy food, may now have to...
If you decide that you, or your loved one, need support at home in order to maintain independence you may decide to have a carer coming into the home to provide that support. Getting your care needs assessed If you do not know what help you need you can...
We are celebrating the contribution that carers make to supporting our loved ones this week. When thinking of carers many people think of adult children looking after elderly parents, but the reality is that carers come in all shapes and sizes. In fact,...
Making the decision that you or your loved one can no longer be safely supported at home and need to go into a Care Home can be a difficult one. However, if you take the time to research and get to know the Care Home and what support the carers can offer...
New figures show that 4.5 million additional people are caring for others because of the pandemic, and this is on top of the 9.1 million unpaid carers who were already caring before the pandemic according to recent figures released for Carers Week. This...
This is the week that we take time to thank the carers who are supporting our loved ones. During this very difficult time whilst the country is trying to deal with COVID -19 we can see their selfless dedication putting themselves at risk to provide care for...
If you are appointed as a Deputy or Attorney dealing with a relative or friend’s property and finances the effects of the Coronavirus may have impacted on their care arrangements. Paying your family members or friends for care Often the people...
During the current restrictions, it has become much more difficult to deal with some of the aspects of bereavement that were normally done in person. At the moment, the only way to register a death is by telephone. When one of your family has died, the...
There is no question that we are in unprecedented times and it has been tough for all of us to cope with the new normal, but those of us who have lost a loved one in such difficult times have been left with questions. One of the most important questions is...
COVID-19 is a new illness that can affect your lungs and airways. It is caused by a virus called coronavirus. You will doubtless be aware that Government and NHS guidance in this area has been changing rapidly, and so you should always seek the most...
I have just read the Gov.uk latest advice for safe funerals and whilst I can completely concur with the safety aspects, my heart goes out to all those who can’t say goodbye to their loved one in the way that they would wish. Anyone who has been...
Help with bereavement during the COVID-19 restrictions We understand how difficult it is at this time if you have lost a loved one and are trying to arrange the funeral. If you are Self-isolating or Shielding and need assistance with anything like...
At Brethertons we are proud to have an award winning Wills, Trusts and Probate team operating out of all 3 offices; Banbury, Bicester and Rugby. Our lawyers specialise in giving clear, pragmatic advice on the personal affairs of clients. We are empathetic...
Author: Annabel Burchett - Wills, Trusts & Probate 1. How long have you been at Brethertons? I have been working at Brethertons since October 2018. 2. What career path have you taken so far? I undertook my law degree at the...
This week, Brethertons welcomes new partner, Sarah Horton to its experienced Wills, Trusts and Probate team. Sarah joins Brethertons from Johnson & Gaunt where she was a Head of the Wills, Trusts and Probate department. Sarah has over 10...
It was only in February 2018 that after a review the Office of the Public Guardian (OPG) announced that having reviewed their fees, they had overcharged on the registration fee for Lasting and Enduring Powers of Attorney from 01/04/2013 to 31/03/2017 and set...
“I’m still young.” “I’ll get around to it at some point.” “It won’t happen to me.” We regularly hear the above reasons not to make a Lasting Power of Attorney (LPA) . A number of things can cause...
When a loved one passes away, your Executors might need to apply for a “Grant of Probate”. This document gives your Executors the power to close your bank accounts, sell your house and carry out any wishes you have given in your Will. ...
Many people will know that when registering a death you can obtain copies of a death certificate for just £4.00 each. After the initial registration, it would cost you £7.00 to obtain each official copy. As of tomorrow (Saturday 16th February...
According to Alzheimer’s Research – the UK’s leading dementia research charity – the number of people with dementia is projected to increase rapidly over the next several decades, mainly due to increases in life expectancy and...
Brethertons have been Ranked as One of the Top Legal Service Providers in the Chambers High Net Worth Guide 2018 Leading legal services provider Brethertons, is celebrating after being named as one of the top law firms in the Oxford and Coventry...
In anticipation of tonight’s ITV Tonight programme, Caroline Bielanska, former SFE CEO, and author and trainer for STEP, reaffirms the importance of Lasting Powers of Attorney (LPA) and the safeguards people can put in place to ensure their LPAs are...
Author: Richard Biddle Ever thought about making a Will but didn’t? Are you worried about making a Will and therefore don’t get around to it? You are not alone, as approximately 60% of people in England and Wales have not made a Will. You...
The 6 th of April 2017 signals the first major Inheritance Tax relief change in a decade and it builds upon the idea of spouses transferring unused tax-free values of assets (Nil Rate Bands) to each other. At present, a person has up to £325,000...
On 24 February 2017, the Ministry of Justice published responses to its consultation on reforming the fees payable for Grants of Representation (“Probate”). Currently an application for Probate is either £155 if done via a solicitor...
This week, 7 th – 13 th November, is Trustees week. In the UK there are just over 1 million charitable trustees. I’ve been asked before what a trustee is. The word says it all! You are trusted to help to lead and develop...
According to the Alzheimer’s Society there are 850,000 people with dementia in the UK and 225,000 people will develop dementia this year. With 1 in 6 people over the age of 80 having dementia, a number of those individuals will need assistance from...
I recently had the pleasure of visiting the RSC in Stratford-upon-Avon to watch King Lear. This is the first time I had seen this play and was struck by the in-depth plots and schemes and wonderful performance. But with my lawyer’s head on I also saw...
If I had a pound for every time a customer asked me to explain what a ‘Beneficiary’ or a ‘Trustee’ was or what ‘Executor’ meant…well….let’s just say I wouldn’t need to play the lottery on a weekly...
The invaluable contribution made by carers cannot be underestimated. With the number of unpaid carers on the rise, it is essential that they receive help and support. The sandwich generation can find themselves not only looking after their children but also...
Whilst there is an increase in the awareness of Lasting Powers of Attorney and a better understanding of the importance of the documents, some people still do not understand the consequences of not preparing them. A Lasting Power of Attorney is a...
Author: Alison Bristow Most people think that a personal injury claim ends when an individual receives a large sum of money. This is not the case at all; the money needs to be used carefully to help support and fund future care and rehabilitation, often for...
Increasingly, myself and members of my team receive enquiries or instructions to prepare a Lasting Power of Attorney. This rise is due to raised awareness of the potential or imminent need for these documents and an understanding that preparing these...
If a person loses capacity to deal with their financial assets and they have made a Lasting Power of Attorney for Property & Financial Affairs before that point in time, their Attorneys can act on their behalf to deal with their financial affairs. ...
In August 2015, most of the EU member states incorporated into law the EU Succession Regulations which change the way your property can be dealt with when you die. The UK has not incorporated the Regulations; however, if you own property in a EU member...
It was announced that NICE , the health watchdog, has advised that patients must be treated with respect and compassion and doctors should avoid making 'snap decisions' about whether someone was dying. This has been in response to...
If a person dies without leaving a Will then they die intestate. This means their estate will be dealt with under the intestacy rules which dictates who inherits the deceased’s estate. In October 2014 changes to the rules that determine what...
We spend an awful lot of time preparing for our holidays, in particular making sure we’ve packed everything we might need, yet all the time trying to ensure that we haven’t exceeded that dreaded luggage allowance. Why then, do we not spend enough...
Following Laura Stuart ’s blog on Monday Owen Kyffin , a director at Whitley Simpson and long-time friend of Brethertons sent in the following response: Laura’s blog really struck chord with me, and reminded me why I always react so...
According to research undertaken for Dementia UK there were 816,000 people with dementia in the UK in 2013. In 2015 that’s risen to an estimated 857,000. One in six people aged over 80 suffers with the disease. It makes sense, then, to plan for the...
MPs are currently debating whether some terminally ill people in England and Wales should be allowed to end their lives with medical supervision. Whatever your opinion on the Dignity in Dying debate, and whatever the outcome of this proposed ...
It's the kind of comment I dread to hear, but I've heard it more than once. The reason it fills me with dread is because, more often than not, it is too late for me to provide them with what they want and need, a Lasting Power of Attorney....
Many people do not know whether they own their house as joint tenants or tenants in common. It is really important to know the difference because it determines what happens when you die. Joint tenants means that you and the other owner own the whole of the...