APRIL KING LEGAL: TEP-LED SOLICITORS & CILEX MEMBERS, WILLSERVICESABOUTPEOPLELOCATIONSBLOGCONTACT April King Legal is a TEP-led high street law firm of Solicitors and CILEX members providing quality legal services across the UK. Wills

specialists.

REQUEST OUR INFORMATION PACK The team at April King Legal has prepared a free information pack which we send through the post to those interested in what we do. Why, if you have a spouse/partner, a “Mirror Will” could put your assets at risk. How Bloodline Wills can ensure your estate is inherited by family, not ex partners or PAY | APRIL KING LEGAL Pay your invoice using the button below You can pay online by credit or debit card using your Invoice Reference, which can be found in the top right of your invoice. Please ensure that you pay the correct amount. When you click ‘Pay Online’, a window will open and prompt you to enter your payment details. You will receive immediate email confirmation following a successful payment. HOW DO I PROTECT MY HOME FROM CARE FEES? Research conducted by Prestige Nursing and Care has revealed that the average annual cost to stay in a residential care home has increased by £1,536 (5.6%) to £30,926 over the past year. The figures were based on a survey of 165 care homes, together with official government statistics. The average rise is more than 10 times the £156 average ASSET PROTECTION TRUSTS This well-placed concern has driven the demand for so-called ‘Asset Protection Trusts’, sold to unsuspecting buyers as a means to avoid care-home fees. Those marketing these unscrupulous services are charging typically between £2,500 and £5,000 to set up the trust. But despite the fact that some of those selling the trusts are

legitimate

LACK OF TESTAMENTARY CAPACITY If you believe that when someone made their Will they did not satisfy any of the above four principles, you may be able to contest the Will for lack of testamentary capacity. Not everyone has the right to contest a will, however. You must have a beneficial interest, or a potential beneficial interest, in TESTAMENTARY CAPACITY: BANKS V GOODFELLOW TEST STILL In the recent case of James v James the Court confirmed that, when deciding whether a person has the necessary mental capacity to make a Will, the criteria set out in the old case of Banks v Goodfellow (1870) must still be applied, despite the fact that newer legislation has come into force dealing with the question of capacity.. The test in Banks v Goodfellow requires that the person making WHY YOU MUST OWN YOUR HOME AS 'TENANTS IN COMMON' If you are Joint Tenants and one of you dies, the other will continue to own 100% of the property. Should the surviving partner need care in the future, the Local Authority can take everything they own to pay for the care fees, leaving just £14,250 to be inherited by children or grandchildren. If you are Tenants in Common, you are free to GIFTS WITH RESERVATION OF BENEFIT: AN OVERVIEW Gifts with reservation of benefit: an overview. If you’ve ever thought about how you might reduce your inheritance tax bill or avoid losing your assets to care home fees, one option you might have considered is signing your home over to one or more of your children but continuing to live in it. These type of transactions are known as

a

Q: CAN I GET POWER OF ATTORNEY FOR SOMEONE WITH DEMENTIA It is therefore important to take action quickly if someone with dementia has been recently diagnosed and their symptoms are not severe. If you would like further advice about obtaining power of attorney for someone with a dementia diagnosis or you believe you may now need a Deputyship Order, please contact our team on 0800 788 0500

or email

APRIL KING LEGAL: TEP-LED SOLICITORS & CILEX MEMBERS, WILLSERVICESABOUTPEOPLELOCATIONSBLOGCONTACT April King Legal is a TEP-led high street law firm of Solicitors and CILEX members providing quality legal services across the UK. Wills

specialists.

REQUEST OUR INFORMATION PACK The team at April King Legal has prepared a free information pack which we send through the post to those interested in what we do. Why, if you have a spouse/partner, a “Mirror Will” could put your assets at risk. How Bloodline Wills can ensure your estate is inherited by family, not ex partners or PAY | APRIL KING LEGAL Pay your invoice using the button below You can pay online by credit or debit card using your Invoice Reference, which can be found in the top right of your invoice. Please ensure that you pay the correct amount. When you click ‘Pay Online’, a window will open and prompt you to enter your payment details. You will receive immediate email confirmation following a successful payment. HOW DO I PROTECT MY HOME FROM CARE FEES? Research conducted by Prestige Nursing and Care has revealed that the average annual cost to stay in a residential care home has increased by £1,536 (5.6%) to £30,926 over the past year. The figures were based on a survey of 165 care homes, together with official government statistics. The average rise is more than 10 times the £156 average ASSET PROTECTION TRUSTS This well-placed concern has driven the demand for so-called ‘Asset Protection Trusts’, sold to unsuspecting buyers as a means to avoid care-home fees. Those marketing these unscrupulous services are charging typically between £2,500 and £5,000 to set up the trust. But despite the fact that some of those selling the trusts are

legitimate

LACK OF TESTAMENTARY CAPACITY If you believe that when someone made their Will they did not satisfy any of the above four principles, you may be able to contest the Will for lack of testamentary capacity. Not everyone has the right to contest a will, however. You must have a beneficial interest, or a potential beneficial interest, in TESTAMENTARY CAPACITY: BANKS V GOODFELLOW TEST STILL In the recent case of James v James the Court confirmed that, when deciding whether a person has the necessary mental capacity to make a Will, the criteria set out in the old case of Banks v Goodfellow (1870) must still be applied, despite the fact that newer legislation has come into force dealing with the question of capacity.. The test in Banks v Goodfellow requires that the person making WHY YOU MUST OWN YOUR HOME AS 'TENANTS IN COMMON' If you are Joint Tenants and one of you dies, the other will continue to own 100% of the property. Should the surviving partner need care in the future, the Local Authority can take everything they own to pay for the care fees, leaving just £14,250 to be inherited by children or grandchildren. If you are Tenants in Common, you are free to GIFTS WITH RESERVATION OF BENEFIT: AN OVERVIEW Gifts with reservation of benefit: an overview. If you’ve ever thought about how you might reduce your inheritance tax bill or avoid losing your assets to care home fees, one option you might have considered is signing your home over to one or more of your children but continuing to live in it. These type of transactions are known as

a

Q: CAN I GET POWER OF ATTORNEY FOR SOMEONE WITH DEMENTIA It is therefore important to take action quickly if someone with dementia has been recently diagnosed and their symptoms are not severe. If you would like further advice about obtaining power of attorney for someone with a dementia diagnosis or you believe you may now need a Deputyship Order, please contact our team on 0800 788 0500

or email

HOW DO I PROTECT MY HOME FROM CARE FEES? Research conducted by Prestige Nursing and Care has revealed that the average annual cost to stay in a residential care home has increased by £1,536 (5.6%) to £30,926 over the past year. The figures were based on a survey of 165 care homes, together with official government statistics. The average rise is more than 10 times the £156 average

OUR LOCATIONS

With 36 locations across England and Wales, our friendly and experienced legal team are never far away. If these are not convenient for you, we also offer a range of other ways for you to meet one of our lawyers, including home visits, telephone, Skype, Zoom, WhatsApp, FaceTime and Email. Just let us know what works best for you – call

0800

LACK OF VALID EXECUTION Lack of valid execution: points to note. The main starting point on valid execution of a Will is Section 9 of the Wills Act which sets out the four requirements listed above. However, there are many other rules regarding the Execution of a Will. Where the requirements are not all met, there is an opportunity to challenge the Will. LEAVING A BUSINESS IN YOUR WILL Sole traders. In some respects, leaving a sole trader business in your Will is quite simple. You are the only owner, so there are no restrictions on who you can gift it to. Your sole trader business may include the tangible assets (for example, premises, equipment, stock, vehicles) and the intangible asset of goodwill.

GRANDPARENT WILLS

Grandparent Wills – safeguarding your assets. Most people think their existing Will provides protection for their children’s inheritance but in reality, this is rare. It’s an important part of Will planning that is too often overlooked so we advise clients to

think about it. You

LACK OF TESTAMENTARY CAPACITY If you believe that when someone made their Will they did not satisfy any of the above four principles, you may be able to contest the Will for lack of testamentary capacity. Not everyone has the right to contest a will, however. You must have a beneficial interest, or a potential beneficial interest, in THE DECEASED OWED ME MONEY! CREDITOR CLAIMS AGAINST AN Once the two month period has expired, the Executor or PR will be able to pay the Deceased’s debts and liabilities then distribute the estate in accordance with the Will or rules of intestacy. If the Deceased owed you money and you miss the notice, you will not be able to claim against the Executor personally – however, you can still

claim

HOW TO PUT A CLAIM AGAINST AN ESTATE Some of the most common reasons for a claim against an estate are: Lack of mental capacity – the person did not know what they were doing in giving away their property.; Non compliance – the person did not comply with the legal requirements for making a Will.; Undue influence or fraudulent calumny – the person was coerced or pressured into making the Will – or someone lied to them to HOW CAN I LEAVE MONEY TO MY MINOR CHILDREN OR Most parents recognise the value of making a Will while they have minor children. It allows them to choose a suitable guardian and to ensure that their children are financially provided for. However, whilst leaving small gifts to minor children or grandchildren might be acceptable, it is clearly unwise to leave large sums of money until the child has learned how to manage their money. WHAT IS THE LIKELIHOOD OF SUCCESSFULLY CHALLENGING A WILL These are just a few examples of scenarios in which you might want to consider challenging a Will. Your chances of success in making a claim will depend on a range of factors. These might include the evidence available, witnesses available and, in the case of Inheritance Act claims, both your financial situation and the financial situation of APRIL KING LEGAL: TEP-LED SOLICITORS & CILEX MEMBERS, WILLSERVICESABOUTPEOPLELOCATIONSBLOGCONTACTAPRIL KING FACEBOOKAPRIL KING MOZILLAAPRIL FRAZIER FACEBOOK April King Legal is a TEP-led high street law firm of Solicitors and CILEX members providing quality legal services across the UK. Wills

specialists.

REQUEST OUR INFORMATION PACK The team at April King Legal has prepared a free information pack which we send through the post to those interested in what we do. Why, if you have a spouse/partner, a “Mirror Will” could put your assets at risk. How Bloodline Wills can ensure your estate is inherited by family, not ex partners or HOW DO I PROTECT MY HOME FROM CARE FEES? Research conducted by Prestige Nursing and Care has revealed that the average annual cost to stay in a residential care home has increased by £1,536 (5.6%) to £30,926 over the past year. The figures were based on a survey of 165 care homes, together with official government statistics. The average rise is more than 10 times the £156 average ASSET PROTECTION TRUSTS This well-placed concern has driven the demand for so-called ‘Asset Protection Trusts’, sold to unsuspecting buyers as a means to avoid care-home fees. Those marketing these unscrupulous services are charging typically between £2,500 and £5,000 to set up the trust. But despite the fact that some of those selling the trusts are

legitimate

GRANDPARENT WILLS

Grandparent Wills – safeguarding your assets. Most people think their existing Will provides protection for their children’s inheritance but in reality, this is rare. It’s an important part of Will planning that is too often overlooked so we advise clients to

think about it. You

TESTAMENTARY CAPACITY: BANKS V GOODFELLOW TEST STILL In the recent case of James v James the Court confirmed that, when deciding whether a person has the necessary mental capacity to make a Will, the criteria set out in the old case of Banks v Goodfellow (1870) must still be applied, despite the fact that newer legislation has come into force dealing with the question of capacity.. The test in Banks v Goodfellow requires that the person making GIFTS WITH RESERVATION OF BENEFIT: AN OVERVIEW Gifts with reservation of benefit: an overview. If you’ve ever thought about how you might reduce your inheritance tax bill or avoid losing your assets to care home fees, one option you might have considered is signing your home over to one or more of your children but continuing to live in it. These type of transactions are known as

a

HOW CAN I LEAVE MONEY TO MY MINOR CHILDREN OR Most parents recognise the value of making a Will while they have minor children. It allows them to choose a suitable guardian and to ensure that their children are financially provided for. However, whilst leaving small gifts to minor children or grandchildren might be acceptable, it is clearly unwise to leave large sums of money until the child has learned how to manage their money. Q: CAN I GET POWER OF ATTORNEY FOR SOMEONE WITH DEMENTIAPOWER OF ATTORNEY FOR PARENT WITH DEMENTIAHOW TO GET POWER OF ATTORNEY FROM SOMEON…POWER OF ATTORNEY FOR A DECEASED PERSONPOWER OF ATTORNEY AFTER DEMENTIAPOA FOR SOMEONE WITH DEMENTIAMEDICAL POWER OF ATTORNEY

DEMENTIA

It is therefore important to take action quickly if someone with dementia has been recently diagnosed and their symptoms are not severe. If you would like further advice about obtaining power of attorney for someone with a dementia diagnosis or you believe you may now need a Deputyship Order, please contact our team on 0800 788 0500

or email

WHAT IS THE LIKELIHOOD OF SUCCESSFULLY CHALLENGING A WILL These are just a few examples of scenarios in which you might want to consider challenging a Will. Your chances of success in making a claim will depend on a range of factors. These might include the evidence available, witnesses available and, in the case of Inheritance Act claims, both your financial situation and the financial situation of APRIL KING LEGAL: TEP-LED SOLICITORS & CILEX MEMBERS, WILLSERVICESABOUTPEOPLELOCATIONSBLOGCONTACTAPRIL KING FACEBOOKAPRIL KING MOZILLAAPRIL FRAZIER FACEBOOK April King Legal is a TEP-led high street law firm of Solicitors and CILEX members providing quality legal services across the UK. Wills

specialists.

REQUEST OUR INFORMATION PACK The team at April King Legal has prepared a free information pack which we send through the post to those interested in what we do. Why, if you have a spouse/partner, a “Mirror Will” could put your assets at risk. How Bloodline Wills can ensure your estate is inherited by family, not ex partners or HOW DO I PROTECT MY HOME FROM CARE FEES? Research conducted by Prestige Nursing and Care has revealed that the average annual cost to stay in a residential care home has increased by £1,536 (5.6%) to £30,926 over the past year. The figures were based on a survey of 165 care homes, together with official government statistics. The average rise is more than 10 times the £156 average ASSET PROTECTION TRUSTS This well-placed concern has driven the demand for so-called ‘Asset Protection Trusts’, sold to unsuspecting buyers as a means to avoid care-home fees. Those marketing these unscrupulous services are charging typically between £2,500 and £5,000 to set up the trust. But despite the fact that some of those selling the trusts are

legitimate

GRANDPARENT WILLS

Grandparent Wills – safeguarding your assets. Most people think their existing Will provides protection for their children’s inheritance but in reality, this is rare. It’s an important part of Will planning that is too often overlooked so we advise clients to

think about it. You

TESTAMENTARY CAPACITY: BANKS V GOODFELLOW TEST STILL In the recent case of James v James the Court confirmed that, when deciding whether a person has the necessary mental capacity to make a Will, the criteria set out in the old case of Banks v Goodfellow (1870) must still be applied, despite the fact that newer legislation has come into force dealing with the question of capacity.. The test in Banks v Goodfellow requires that the person making GIFTS WITH RESERVATION OF BENEFIT: AN OVERVIEW Gifts with reservation of benefit: an overview. If you’ve ever thought about how you might reduce your inheritance tax bill or avoid losing your assets to care home fees, one option you might have considered is signing your home over to one or more of your children but continuing to live in it. These type of transactions are known as

a

HOW CAN I LEAVE MONEY TO MY MINOR CHILDREN OR Most parents recognise the value of making a Will while they have minor children. It allows them to choose a suitable guardian and to ensure that their children are financially provided for. However, whilst leaving small gifts to minor children or grandchildren might be acceptable, it is clearly unwise to leave large sums of money until the child has learned how to manage their money. Q: CAN I GET POWER OF ATTORNEY FOR SOMEONE WITH DEMENTIAPOWER OF ATTORNEY FOR PARENT WITH DEMENTIAHOW TO GET POWER OF ATTORNEY FROM SOMEON…POWER OF ATTORNEY FOR A DECEASED PERSONPOWER OF ATTORNEY AFTER DEMENTIAPOA FOR SOMEONE WITH DEMENTIAMEDICAL POWER OF ATTORNEY

DEMENTIA

It is therefore important to take action quickly if someone with dementia has been recently diagnosed and their symptoms are not severe. If you would like further advice about obtaining power of attorney for someone with a dementia diagnosis or you believe you may now need a Deputyship Order, please contact our team on 0800 788 0500

or email

WHAT IS THE LIKELIHOOD OF SUCCESSFULLY CHALLENGING A WILL These are just a few examples of scenarios in which you might want to consider challenging a Will. Your chances of success in making a claim will depend on a range of factors. These might include the evidence available, witnesses available and, in the case of Inheritance Act claims, both your financial situation and the financial situation of

MAKING A WILL

A Will provides clear answers for those left behind and a clear message that you cared enough to put your affairs in order. Making a Will can also help prevent discord in the family. It is a clear statement of your wishes so that nobody is in any doubt as to where you want your assets to go. In addition, if you decide to leave assets

in an

APRIL KING LEGAL

April King Legal - Halifax. Situated in a beautiful historic building on the edge of Halifax town centre, our friendly legal team are on hand to assist with Probate, Wills, Lasting Powers of WHY YOU MUST OWN YOUR HOME AS 'TENANTS IN COMMON' If you are Joint Tenants and one of you dies, the other will continue to own 100% of the property. Should the surviving partner need care in the future, the Local Authority can take everything they own to pay for the care fees, leaving just £14,250 to be inherited by children or grandchildren. If you are Tenants in Common, you are free to

APRIL KING LEGAL

April King Legal - Stoke-on-Trent. Meet one of our lawyers or solicitors at Trent House, a lovely office location in close proximity to Hanley centre, Stoke train station and IS YOUR LETTER OF WISHES EFFECTIVE? A Letter of Wishes is a flexible document – because there are no legal formalities, it can be changed or replaced as your circumstances or those of your family change. You can write more than one Letter of Wishes i.e. addressed to different individuals. It is important that your letter can be found and it is commonplace to store such letters WHAT ARE THE GROUNDS FOR CONTESTING A WILL? Another ground for contesting a Will – undue influence – is also likely to be more prevalent with an aging population. The elderly can be vulnerable and at risk of being exploited. In some relationships, undue influence will be presumed. In other cases, the person claiming that undue influence has taken place must show that there is a WHAT TO DO IF A WILL HAS BEEN FORGED OR IS If the Testator’s signature or the entire Will has been forged, it will of course be invalid. As forgery is a form of fraud, the same issue arises as to the standard of proof which would be higher than the usual civil standard. With forgery cases, it is usually necessary

to get

HOW LONG CAN CONTESTING A WILL TAKE? General Enquiries: 0800 788 0500. 9am-5pm Mon-Fri. Info pack requests: 0800 788 0408. 9am-8pm Mon-Fri 9am-5pm Sat. Appointment booking: 0800 788 0508. 9am-8pm Mon-Fri WHAT IS THE LIKELIHOOD OF SUCCESSFULLY CHALLENGING A WILL These are just a few examples of scenarios in which you might want to consider challenging a Will. Your chances of success in making a claim will depend on a range of factors. These might include the evidence available, witnesses available and, in the case of Inheritance Act claims, both your financial situation and the financial situation of THE RNRB: ARE THERE OPTIONS FOR UNMARRIED COUPLES? The RNRB is currently £150,000 and this will increase to £175,000. For future years, the allowance is expected to increase in line with the Consumer Price Index. The introduction of the RNRB means that married couples and civil partners can leave up to £1 million tax free, because unused allowances are transferable. APRIL KING LEGAL: TEP-LED SOLICITORS & CILEX MEMBERS, WILLSERVICESABOUTPEOPLELOCATIONSBLOGCONTACTAPRIL KING FACEBOOKAPRIL KING MOZILLAAPRIL FRAZIER FACEBOOK April King Legal is a TEP-led high street law firm of Solicitors and CILEX members providing quality legal services across the UK. Wills

specialists.

PAY | APRIL KING LEGAL Pay your invoice using the button below You can pay online by credit or debit card using your Invoice Reference, which can be found in the top right of your invoice. Please ensure that you pay the correct amount. When you click ‘Pay Online’, a window will open and prompt you to enter your payment details. You will receive immediate email confirmation following a successful payment. REQUEST OUR INFORMATION PACK The team at April King Legal has prepared a free information pack which we send through the post to those interested in what we do. Why, if you have a spouse/partner, a “Mirror Will” could put your assets at risk. How Bloodline Wills can ensure your estate is inherited by family, not ex partners or HOW DO I PROTECT MY HOME FROM CARE FEES? Research conducted by Prestige Nursing and Care has revealed that the average annual cost to stay in a residential care home has increased by £1,536 (5.6%) to £30,926 over the past year. The figures were based on a survey of 165 care homes, together with official government statistics. The average rise is more than 10 times the £156 average ASSET PROTECTION TRUSTS This well-placed concern has driven the demand for so-called ‘Asset Protection Trusts’, sold to unsuspecting buyers as a means to avoid care-home fees. Those marketing these unscrupulous services are charging typically between £2,500 and £5,000 to set up the trust. But despite the fact that some of those selling the trusts are

legitimate

LEAVING A BUSINESS IN YOUR WILL Sole traders. In some respects, leaving a sole trader business in your Will is quite simple. You are the only owner, so there are no restrictions on who you can gift it to. Your sole trader business may include the tangible assets (for example, premises, equipment, stock, vehicles) and the intangible asset of goodwill. TESTAMENTARY CAPACITY: BANKS V GOODFELLOW TEST STILL In the recent case of James v James the Court confirmed that, when deciding whether a person has the necessary mental capacity to make a Will, the criteria set out in the old case of Banks v Goodfellow (1870) must still be applied, despite the fact that newer legislation has come into force dealing with the question of capacity.. The test in Banks v Goodfellow requires that the person making WHY YOU MUST OWN YOUR HOME AS 'TENANTS IN COMMON' If you are Joint Tenants and one of you dies, the other will continue to own 100% of the property. Should the surviving partner need care in the future, the Local Authority can take everything they own to pay for the care fees, leaving just £14,250 to be inherited by children or grandchildren. If you are Tenants in Common, you are free to WHAT IS THE LIKELIHOOD OF SUCCESSFULLY CHALLENGING A WILL These are just a few examples of scenarios in which you might want to consider challenging a Will. Your chances of success in making a claim will depend on a range of factors. These might include the evidence available, witnesses available and, in the case of Inheritance Act claims, both your financial situation and the financial situation of Q: CAN I GET POWER OF ATTORNEY FOR SOMEONE WITH DEMENTIAPOWER OF ATTORNEY FOR PARENT WITH DEMENTIAHOW TO GET POWER OF ATTORNEY FROM SOMEON…POWER OF ATTORNEY FOR A DECEASED PERSONPOWER OF ATTORNEY AFTER DEMENTIAPOA FOR SOMEONE WITH DEMENTIAMEDICAL POWER OF ATTORNEY

DEMENTIA

It is therefore important to take action quickly if someone with dementia has been recently diagnosed and their symptoms are not severe. If you would like further advice about obtaining power of attorney for someone with a dementia diagnosis or you believe you may now need a Deputyship Order, please contact our team on 0800 788 0500

or email

APRIL KING LEGAL: TEP-LED SOLICITORS & CILEX MEMBERS, WILLSERVICESABOUTPEOPLELOCATIONSBLOGCONTACTAPRIL KING FACEBOOKAPRIL KING MOZILLAAPRIL FRAZIER FACEBOOK April King Legal is a TEP-led high street law firm of Solicitors and CILEX members providing quality legal services across the UK. Wills

specialists.

PAY | APRIL KING LEGAL Pay your invoice using the button below You can pay online by credit or debit card using your Invoice Reference, which can be found in the top right of your invoice. Please ensure that you pay the correct amount. When you click ‘Pay Online’, a window will open and prompt you to enter your payment details. You will receive immediate email confirmation following a successful payment. REQUEST OUR INFORMATION PACK The team at April King Legal has prepared a free information pack which we send through the post to those interested in what we do. Why, if you have a spouse/partner, a “Mirror Will” could put your assets at risk. How Bloodline Wills can ensure your estate is inherited by family, not ex partners or HOW DO I PROTECT MY HOME FROM CARE FEES? Research conducted by Prestige Nursing and Care has revealed that the average annual cost to stay in a residential care home has increased by £1,536 (5.6%) to £30,926 over the past year. The figures were based on a survey of 165 care homes, together with official government statistics. The average rise is more than 10 times the £156 average ASSET PROTECTION TRUSTS This well-placed concern has driven the demand for so-called ‘Asset Protection Trusts’, sold to unsuspecting buyers as a means to avoid care-home fees. Those marketing these unscrupulous services are charging typically between £2,500 and £5,000 to set up the trust. But despite the fact that some of those selling the trusts are

legitimate

LEAVING A BUSINESS IN YOUR WILL Sole traders. In some respects, leaving a sole trader business in your Will is quite simple. You are the only owner, so there are no restrictions on who you can gift it to. Your sole trader business may include the tangible assets (for example, premises, equipment, stock, vehicles) and the intangible asset of goodwill. TESTAMENTARY CAPACITY: BANKS V GOODFELLOW TEST STILL In the recent case of James v James the Court confirmed that, when deciding whether a person has the necessary mental capacity to make a Will, the criteria set out in the old case of Banks v Goodfellow (1870) must still be applied, despite the fact that newer legislation has come into force dealing with the question of capacity.. The test in Banks v Goodfellow requires that the person making WHY YOU MUST OWN YOUR HOME AS 'TENANTS IN COMMON' If you are Joint Tenants and one of you dies, the other will continue to own 100% of the property. Should the surviving partner need care in the future, the Local Authority can take everything they own to pay for the care fees, leaving just £14,250 to be inherited by children or grandchildren. If you are Tenants in Common, you are free to WHAT IS THE LIKELIHOOD OF SUCCESSFULLY CHALLENGING A WILL These are just a few examples of scenarios in which you might want to consider challenging a Will. Your chances of success in making a claim will depend on a range of factors. These might include the evidence available, witnesses available and, in the case of Inheritance Act claims, both your financial situation and the financial situation of Q: CAN I GET POWER OF ATTORNEY FOR SOMEONE WITH DEMENTIAPOWER OF ATTORNEY FOR PARENT WITH DEMENTIAHOW TO GET POWER OF ATTORNEY FROM SOMEON…POWER OF ATTORNEY FOR A DECEASED PERSONPOWER OF ATTORNEY AFTER DEMENTIAPOA FOR SOMEONE WITH DEMENTIAMEDICAL POWER OF ATTORNEY

DEMENTIA

It is therefore important to take action quickly if someone with dementia has been recently diagnosed and their symptoms are not severe. If you would like further advice about obtaining power of attorney for someone with a dementia diagnosis or you believe you may now need a Deputyship Order, please contact our team on 0800 788 0500

or email

OUR PEOPLE | APRIL KING LEGAL Andrew is a Private Client Advisor and Trainee Solicitor at April King. Prior to joining the team at April King, Andrew studied politics with the University of Nottingham before studying law with the University of York and graduating in 2019. He went on to study the LL.M LPC (Master of Laws in Legal Practice) at the BPP law school in

Birmingham.

APRIL KING LEGAL

April King Legal - Halifax. Situated in a beautiful historic building on the edge of Halifax town centre, our friendly legal team are on hand to assist with Probate, Wills, Lasting Powers of

GRANDPARENT WILLS

Grandparent Wills – safeguarding your assets. Most people think their existing Will provides protection for their children’s inheritance but in reality, this is rare. It’s an important part of Will planning that is too often overlooked so we advise clients to

think about it. You

THE DECEASED OWED ME MONEY! CREDITOR CLAIMS AGAINST AN Once the two month period has expired, the Executor or PR will be able to pay the Deceased’s debts and liabilities then distribute the estate in accordance with the Will or rules of intestacy. If the Deceased owed you money and you miss the notice, you will not be able to claim against the Executor personally – however, you can still

claim

HOW TO PUT A CLAIM AGAINST AN ESTATE Some of the most common reasons for a claim against an estate are: Lack of mental capacity – the person did not know what they were doing in giving away their property.; Non compliance – the person did not comply with the legal requirements for making a Will.; Undue influence or fraudulent calumny – the person was coerced or pressured into making the Will – or someone lied to them to

APRIL KING LEGAL

April King Legal - Stoke-on-Trent. Meet one of our lawyers or solicitors at Trent House, a lovely office location in close proximity to Hanley centre, Stoke train station and WHAT TO DO IF A WILL HAS BEEN FORGED OR IS If the Testator’s signature or the entire Will has been forged, it will of course be invalid. As forgery is a form of fraud, the same issue arises as to the standard of proof which would be higher than the usual civil standard. With forgery cases, it is usually necessary

to get

WHAT HAPPENS WHEN A WILL IS CONTESTED? Concerns that the Deceased’s assets will not be disposed of in accordance with the Will. Concerns that the Deceased did make a Will which has not been presented. To issue a caveat, an application is made to the probate registry. This can be done relatively quickly. Once issued, the caveat lasts for 6 months but if necessary this can

be extended.

WHAT IS THE LIKELIHOOD OF SUCCESSFULLY CHALLENGING A WILL These are just a few examples of scenarios in which you might want to consider challenging a Will. Your chances of success in making a claim will depend on a range of factors. These might include the evidence available, witnesses available and, in the case of Inheritance Act claims, both your financial situation and the financial situation of THE RNRB: ARE THERE OPTIONS FOR UNMARRIED COUPLES? The RNRB is currently £150,000 and this will increase to £175,000. For future years, the allowance is expected to increase in line with the Consumer Price Index. The introduction of the RNRB means that married couples and civil partners can leave up to £1 million tax free, because unused allowances are transferable.

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Protect your hard-earned assets today PAUL KING TEP EXPLAINS "It’s never too early to think ahead about what might happen in later life. Now is as good a time as any to get your affairs in order. Adults of any age should be thinking ahead, particularly where children are involved but when we are all busy it’s easy to put things off. At April King we offer an informal free first meeting to discuss clients’ needs. We try to make the whole process as easy and straightforward as possible, giving our clients the peace of mind of knowing that their affairs are in order. Most clients say to us, ‘We are glad it’s all sorted, we don’t want to be a burden to the

family’.”

“At April King we have prepared a jargon-free guide to help people understand the benefits of putting plans in place which is available free of charge by calling our office or clicking the link below.” “We have developed a package of family law services with modern day family life in mind. Care Fee Trust Wills, Lasting Power of Attorney and Family Bloodline Trust Wills form the basis of our advice to

clients.”

SERVICES

WE CAN HELP WITH A WIDE RANGE OF SERVICES

GRANDPARENT WILLS

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1

POWER OF ATTORNEY

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2

INHERITANCE TAX

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3

DEPUTYSHIP ORDERS

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4

DIRECTOR SUCCESSION

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5

DIGITAL ASSETS

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6

CONTESTING A WILL

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7

PROBATE

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8

F.A.QS

WE’VE MADE WILLS WITH ANOTHER FIRM, CAN WE STILL COME TO YOU? A. Yes, around 90% of our clients come to us having previously made Wills with another firm. HOW DO I GIFT ITEMS SUCH AS JEWELLERY? A: You can do one of two things. Either gift them in the Will, or we can give you a codicil gift list for you to complete. These “gift lists’ do not need to be completed at the time of making the Will so you can take your time over this. Furthermore, you can update or change these codicils at any time and as often as you like at no cost. IF WE PROTECT OUR RESPECTIVE HALF SHARE OF THE HOME FROM THE SURVIVOR’S CARE COST FEES, CAN THEY MOVE TO ANOTHER PROPERTY OR

DOWNSIZE?

A. Yes, these provisions are written in the Will. DO YOU DO HOME VISITS? A. While we have locations across the country, our advisers often visit clients in the comfort of their own home. This is at no extra

charge.

WE HAVE NOT HEARD OF GRANDPARENT WILLS BEFORE, ARE THEY A NEW THING? A. They are a type of Discretionary Trust which have been adapted to fit the needs of modern family structures.There are only a few firms who specialise in this type of planning and April King is one of them.

WHO IS APRIL?

A. April originally stood for the Association of Practicing Independent Lawyers. In 2012 we formed April King Legal of which Paul King is the Director and Head of Legal Practice.

NEWS

NEWS AT APRIL KING

11 October - 19

7 MYTHS REGARDING LASTING POWER OF ATTORNEY My next of kin gets to act on my behalf Next of kin or even family members can’t just assume that they can make decisions with your

affairs...

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29 August - 19

POWER OF ATTORNEY IS NOT JUST FOR ELDERLY PEOPLE Planning for a future in which someone else makes important decisions on your behalf is often associated with the elderly, the wealthy or anyone else but you. However, putting...

Read more

11 October - 19

7 MYTHS REGARDING LASTING POWER OF ATTORNEY

29 August - 19

POWER OF ATTORNEY IS NOT JUST FOR ELDERLY PEOPLE

08 August - 19

WHAT IS A GRANDPARENT WILL? COPYRIGHT © APRIL KING LEGAL | ALL RIGHTS RESERVED

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