Trust, Wills and Probate

  • Cohabitees and Death - Who Can Claim?

    When one member of a cohabiting couple dies, it can come as an unpleasant surprise to the bereaved partner to discover that not all of their late partner’s estate will pass to them in the absence of a will. It is only when this happens that many people...

  • Mental Capacity and Carers

    The Department of Health  has introduced a new Mental Capacity Advocate service. At the same time, a new code of practice was introduced which makes it clear that the ill-treatment or neglect of a person lacking mental capacity is...

  • Mental Capacity Code of Practice

    In April 2007 the Department of Health introduced a new Mental Capacity Advocate service. At the same time, a new code of practice was introduced which makes it clear that the ill-treatment or neglect of a person lacking mental capacity is a...

  • Asset Valuation Problems - Chattels

    When dealing with an estate, an increasing problem for executors is the valuation of assets in the form of the chattels of the deceased. In probate terminology, chattels are the ‘everyday’ assets such as furniture and ordinary possessions, as...

  • Statutory Wills

    It is a source of concern to lawyers and families alike that the majority of people never make a will. Often, the intention to make a will is there, but somehow the person never seems to ‘get around to it’ and dies or becomes incapable before a...

  • Varying Wills After Death

    It is widely thought that a will can be changed after the death of the person who made it (the testator). Although this can be the practical effect of arrangements between beneficiaries, technically post-death variations do not in fact...

  • Mental Capacity - The Law

    Mental capacity has always been something of a problem area of the law. The aim of the Mental Capacity Act 2005, which became fully operational in October 2007, is to put the administration of the various areas of law in which mental capacity is...

  • Who Decides Your Final Resting Place?

    One of the most common statements of wish in a will is a statement outlining how one’s remains should be dealt with. Many people think such a wish is part of the will per se and is binding on the executor, but this is not strictly the case. In law,...