Whilst applying for Probate is a process individuals can undertake themselves, it is one which can be complex often resulting in families facing unnecessary delays or inheritance tax bills which, with the help of professional advice, could be avoided.

Applying for a Grant of Probate may not be as straightforward as would first appear, and we would urge people to seek advice so they are not unnecessarily exposed.

There are a number of rules which need to be followed in order to ensure the process runs as smoothly as possible. For example, sometimes  when applying for a Grant of Probate a tax declaration needs to first be submitted to HMRC detailing all financial assets – a complicated task in itself as it requires all bank accounts, shares, pensions, property, assets to all be collated in advance of the declaration being submitted.

In certain circumstances the application for the Grant of Probate cannot  be submitted for 20 days from the date the Inheritance Tax papers are submitted to HMRC. However, given there is currently a four month wait in Probate being granted there is no room for error because if there are any clerical errors in the application, the form will be returned for correction and will fall to the back of the queue when resubmitted.  This is particularly critical if a property or bank accounts are in the sole name of the deceased and his/her beneficiaries are reliant on funds being released through the liquidation of accounts or a property sale in order to meet any liabilities. 

All too often individuals get into difficulties due to not being aware, for example, of how to best use the deceased’s nil rate band for inheritance tax purposes or simply make clerical errors on the application form resulting in significant repercussions.

And with over 40% of estates now being liable for inheritance tax more and more families are finding themselves in a difficult situation.

Our compassionate and highly experienced Private Client Team are regularly called upon to assist with all matters arising in the administration of an estate, however this is frequently once an application has already been submitted and issues have occurred.   

Flexible in our approach, we are willing to either advise our clients on an hourly basis to set them on the right track, obtain a Grant of Representation on their behalf or provide a comprehensive administration of estate service to ensure that everything is dealt with in a timely and effective manner.

Contact our friendly team or help or advice. We have offices in Coventry, Warwick, Balsall Common and Southam.

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The rough documents – the first written in 2010 and locked away in a cabinet and the second penned in 2014 and found under a couch cushion in her home – were not discovered until several months after her death in 2019. Both were filled with scribbles and amendments.

She left an estate which had at one time been valued at $80 million but more recent estimations place it between $6 million and $18 million.

The documents, which have sparked a long-running conflict between the singer’s four sons, were at the centre of a recent two-day trial before a jury in Michigan. The jury ruled the later will, found under the couch cushion, as valid.

Whilst such a document, a rough draft left unsigned and unwitnessed, in the UK would not carry any validity it highlighted some important messages.

The fall-out over Miss Franklin’s death highlights the importance of a professionally drafted will. Without this, a handwritten or home-made will can be highly ambiguous and leaves everything open to interpretation and indeed conflict.

As we’ve also seen it takes time – the wills were found in 2019 – and here we are four years later and only now has the matter been settled. A situation like this where there is no formal document and legal intervention is required can rack up huge legal bills which of course eat into the estate. Not only does a professionally drafted will save your family time and anguish in trying to do right by your last wishes but it also saves a lot of money from being unnecessarily spent on legal fees.”

Even with a professionally drafted will there was still a risk of conflict in cases where there are blended families or where estates weren’t equally or fairly divided. But there is an added layer which provides further clarification on a person’s last wishes and allows them to explain their reasons for their decision.

Furthermore, a letter of wishes, usually written alongside a will, gives the testator or the person writing the will, the opportunity to write in their own words the reasons why they have or haven’t left part of their estate to, for example, a relative. It weighs heavily in any court and helps avoid any lengthy, drawn-out process of waiting and distress.

Another advantage of drawing up a professional will is when a person dies their family know where to come. Most legal firms now use the National Will Register – we can register all our wills so when a person dies their families are able to find out whether they made a will and how to find it.

Finally, under The Wills Act, a will has to have two independent witnesses who have to be present when the will is signed and dated. Without this a document would not be legally binding.

If you require Will services, then please get in touch with one of our highly experienced and friendly team.  Our Will specialists will take the time to understand your individual circumstances and will provide you with tailored advice.

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Helen Strong, Private Client Solicitor says “Quite often after I have completed a Will for a client, they comment that it was a much easier process than they had envisaged, and it was something on their “to do list” that they should have completed months or even years before. Completing a Will is thought to be a daunting experience when having to consider what happens after you pass away, however, it is an important process and task on your to do list to complete, not only to ensure your wishes take place but also to ensure your loved ones are protected.”

Our friendly and down to earth Private Client Team here at Brindley Twist Tafft & James will make the process as straightforward and unnerving as possible.  We pride ourselves on developing and maintaining ongoing relationships with our clients.

We have dedicated Will experts based at each of our local offices – Coventry, Warwick, Balsall Common & Southam, or we can even visit you at home if there is a need. We hope that this opens up the door to making a Will easier for you and helps start the process of ticking this task off your to-do list.

Contact us today to see how we can help you.

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Still, there’s often a lack of awareness around this form of charitable giving, with uncertainty around how it works, how much to give and how to fit donations around gifts for family and friends. That’s why we’ve signed up to Remember A Charity’s campaign charter, working together as part of this national network to help everyone understand the options open to them when writing their Will.

One of the most rewarding ways to give, 100 people across the UK[2] now write a charitable gift into their Will each day, funding vital services across the country.

Gifts in Wills are tax-free, effectively increasing the Inheritance Tax threshold on donors’ estates. And for people that choose to donate 10% of their estate or more, this reduces the rate of Inheritance Tax down from 40% to 36%, which can amount to a considerable reduction on larger estates.

BTTJ’s Lead Private Client Solicitor, Helen Strong, commented: “We are delighted to support such a worthwhile initiative. Not only is it a means of leaving a legacy, but it also helps to alleviate Inheritance Tax, which is often a concern to our clients.”

Allan Freeman, Chair of Remember A Charity – a consortium of 200 UK charities, adds: “Gifts in Wills have a phenomenal impact on charitable causes across the UK, whether that’s a case of funding medical research or shelters for those suffering from abuse, mental health helplines or keeping local the theatre open. Particularly in recent times, that income has never been more important, helping charities to sustain and even increase services to help those in need.

“It’s a great opportunity for people to have a lasting positive imprint, leaving the world a better place for future generations.”

Contact our friendly Private Client team to find out more or visit www.rememberacharity.org.uk for inspirational stories about the impact of gifts in Wills.

[1] Smee & Ford 2020

[2] Smee & Ford 2020

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An appointed Guardian has parental responsibility for the child/children. This means that the Guardian can make important decisions about the child’s life in areas such as medical treatment and education. A person who does not have parental responsibility, but who has care of a child, has only a limited legal right to do what is reasonable in all the circumstances to safeguard or promote the child’s welfare.

If both parents of a child die without appointing Guardians in their Wills, only the court can legally appoint a Guardian. If the parents simply agree informally with friends and relatives who will look after the child if they die, nobody will have parental responsibility for the child unless the Court appoints them. This leaves the position unclear and complicated for those left behind at a time when a child’s life has been turned upside down.

Our friendly Private Client Team here at Brindley Twist Tafft & James will make the process simple, straightforward and as effortless as possible, contact us to see how we can help.

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Wills often include a clause which bequeaths ‘all my personal chattels’ to a specific beneficiary or to the Personal Representatives (PRs) to distribute among family and friends. In defining the meaning of ‘personal chattel’ section 55 of the Administration of Estates Act 1925 says that it is our ‘tangible moveable property’.  This is a catch-all definition. It does not provide the necessary guidance or clarity to those administering our estate if they are trying to determine whether or not one of our digital assets would fall within the meaning of ‘personal chattel’. All the more reason therefore that we name our digital assets as specific legacies in a Will and so avoid problems down the line when our PRs are trying to sort out those assets in our estate which have not been dealt with specifically in our Will.

With each of our digital assets there will be an associated password or username. How can the relevant account be accessed if, on our death, the log in details cannot be traced? Just as we recommend that details are kept of bank and building society account numbers and other physical assets it is similarly sensible to keep a log of our digital assets and their access details. It goes without saying that this detail should not fall into the wrong hands and we would strongly recommend that it is kept alongside the Will, preferably in an encrypted format.

It is also worth considering the procedures that your PRs would need to deal with when closing down your various accounts when you die. PayPal for example, ask for a death certificate, a photo of the PR to prove identity, a copy of any Will and, if applicable, Grant of Probate.  Facebook allows for profiles either to be shut down, when all photos and comments will be deleted, or to be ‘memorialised’ for a period after death so that family and friends can continue to post comments. However, logging into the account post-death is not permitted since Facebook contend that accessing a memorialised account could breach certain US laws such as trespass. Providing this sort of useful procedural information with your Will would, again, greatly assist your PRs in the administration of your digital estate.

To help you consider your digital legacies as well as the more traditional assets that are bequeathed in a Will do give Helen Strong a call 024 7653 1532

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Changing circumstances, moving to another area or simply the passage of time can sometimes make it difficult for beneficiaries to locate a will.  And then, of course, there are the people who deliberately “lose” wills to achieve a more favourable result for themselves (for example, someone who has been “cut out” of a will).

The solution is to register your will on the Certainty National Will Register.  The idea is similar to the Land Registry;  both registries hold electronic information only.  The Land Registry records ownership of land and the will registry records the location of your will.  Unlike property registration which is now compulsory, registration of wills is voluntary.  However, the cost to register a will is a fraction of the cost of property registration and it potentially protects more than just your house ending up in the wrong hands.

Not all firms of solicitors are registered with Certainty (for instance firms who do not specialise in will writing).  When choosing a solicitor, look for the Certainty logo so that you can be sure you’ll be able to register your will once you’ve made it.

If you’ve already made a will but would like the peace of mind of registering it on the national will register, you can easily move your will to a Certainty registered firm.  Will registration fees vary depending on the date of your will, but an average fee is only £25 plus VAT.

What does the will registry do?

• It digitally records where your will is being stored; no-one can see the will
• It means the location of your will can easily be found by your family
• It helps to prevent will forgery and probate fraud
• After a death, it provides details about anyone who is looking for your will
• It protects both your privacy and your beneficiaries’ interests

If you would like more information, please feel free to call me on 024 76 531532.

Karen Shakespeare

Solicitor

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Consideration is being given in the United States to making changes to existing laws on Wills to incorporate people’s online lives.

Is now accepted that your online life will continue long after your death. The immediacy of social networking, downloading music and sharing photos online has often prevented us from looking too far into the future. When everything we need is just one click away, why do we need to spend our time worrying about what might happen in a few years?

Things are beginning to change. Instead of just worrying about what might happen to their material possessions after they die, more and more people are taking steps to protect the belongings they store online.

The near future is likely to see a significant increase in cloud computing – i.e. storing your information on a network of remote servers on the internet as opposed to a local server. This would have the effect of your images, items downloaded including songs and movies, your email logins, your social networking details and your online bank accounts being part of a new digital property.

An additional issue being how to value these assets.

People are now being to consider how to address this issue and how to include them in their wills. A recent survey suggested that 11% say they have included, or plan to include, their internet passwords in their wills.

People are now considering how to allow their executors to have some element of control over what is publicly available online after death.

This is not an issue that is highlighted on a site’s terms and conditions, or a consideration when you sign up, as to how your content will be used after your death. The prospect of any Government assistance is unlikely. The fact is that technology continues to develop at a faster and faster rate.

Legislation in the US has centred on laws that would allow the executor of a will to access the deceased’s social media accounts in order to either close them or leave them as a memorial.

The proposed introduction of a set of European Union laws means people may soon be given the ‘right to be forgotten’ i.e. the ability to ask companies to delete personal data.

While we wait for legislation to catch up with technology, the easiest way to handle this in practice is to explicitly stipulate your login details in your will if you want your executors to shut down your online accounts after your death but few users would be comfortable providing this information initially and then the need to continually updating your Will as your Accounts and passwords alter.

Facebook and Twitter do not hand over the login information of users.

If someone dies, Twitter will delete their account after receiving their death certificate from a family member.

When a Facebook user dies, their account is ‘memorialised’, meaning the user’s privacy settings are altered to allow only their friends to see the profile. Friends can also add comments to the user’s wall. Facebook will remove an account if requested by the deceased’s family after they provide a death certificate.

There are several digital legacy companies who will look after your online assets after you die. They require you to nominate a ‘guardian’ to who your details are passed on to when they die. The guardian manages the digital assets according to the member’s wishes.

Today’s reality is that we live in a vast online community which affects our daily personal and professional lives. It is up to us while we are alive to manage this appropriately.

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An LPA is a legal document where you as the Donor appoint someone (usually close relatives or friends) to be your Attorney(s)( and possibly Replacement Attorney(s)) to make certain decisions on your behalf including when you lack mental capacity. So by putting an LPA in place now, means you essentially retain a degree of control – presumably you would only appoint people you trust to carry out your wishes and who will always act in your best interests. You can also place restrictions or conditions on the face of the document itself.

There are two types of LPA:

1. A Property and Financial Affairs LPA which allows your Attorney(s) to make decisions about paying bills, dealing with the bank, collecting benefits, selling your house, etc; and
2. A Health and Welfare LPA which allows your Attorney(s) to make decisions regarding treatment, care, medication, where you live, etc.

It’s anticipated that 1 in 3 individuals over 65 will suffer from some form of dementia and if capacity becomes an issue it may not be possible to put an LPA in place at that stage. This means that your loved one is then left with the costly alternative of applying to the Court to become your Deputy. This is a slow process, taking 4-6 months once the paperwork has been completed, and while awaiting the outcome your affairs may be in a state of limbo. Preparing an LPA in a timely fashion could therefore also save your family a lot of stress, pressure and unnecessary expense.

Once completed and registered, an LPA can be used if you suffer a physical infirmity eg in an accident or have a stroke but you regain control of making your own decisions once you recover. So an LPA isn’t simply to be considered by the elderly although of course it allows you to plan in advance so that other people of your choosing may make decisions on your behalf at a point in time when you might lose the capacity to make those decisions yourself.

If you would like more information or have decided that you want to put an LPA in place please contact us.

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