York - 
31 October 2023
Wills and estates
Power of Attorney is a significant legal tool, but there are circumstances where contesting its validity may be necessary. If you find yourself asking, "Can you contest Power of Attorney in the UK?" you're in the right place. If you require further clarification or personalised legal assistance, our team of experienced solicitors are here to assist you. Call us today on 01904 716000 (York) or 01937 583210 (Wetherby) or 01653 692247 (Malton), or complete our online contact form. Can You Contest Power of Attorney in the UK? Under UK law, it is possible to contest Power of Attorney, but certain conditions must be met, and the grounds for contesting must be substantiated. Here are key points to consider: Lack of Mental Capacity The document may be contested if the person granting Power of Attorney lacked mental capacity when signing. Mental capacity is crucial for…
18 October 2023
Wills and estates
Both locally and nationally, many farms have diversified to provide additional income streams - and some farmers now run several diversified businesses on former agricultural land, such as holiday lets and solar farms. Although this extra income may be vital and diversifying may be the only way to secure the family business can continue, an unintended consequence can be the loss of Inheritance Tax reliefs available. Laura Schofield, Wills & Probate Solicitor with Ware & Kay, considers this. Inheritance tax – the basics Inheritance Tax is a tax on the estate of someone who has died. The rate is 40% on the amount above the ‘nil rate band’ which depends on the individual concerned and the assets – from £325,000 to £500,000 per person, or up to £1,000,000 per couple depending on the size of…
21 September 2023
Residential property
There are many reasons why you might want to buy agricultural property: to farm, of course, but also perhaps to develop, or to use for hunting or fishing purposes. Woodland, equestrian properties and fishing lakes may be a good investment for a self-invested personal pension (SIPP), or perhaps you simply wish to have a peaceful rural setting for your retirement. Whatever your reasons, before you buy you need to ensure the property can actually be used for your intended purposes as there are many legal stumbling blocks that can arise when purchasing farmland, we highlight some of the issues relating to rights of way, easements, and sporting rights. Rights of way Many areas of farmland are in remote locations, some distance from a public road, and you will need to ensure you have a right of access…
12 July 2023
Wills and estates
It's difficult enough to deal with a loved one's death. Additionally, organising their funds can be a difficult and drawn-out procedure. The executors designated in the will to carry out the deceased's wishes need legal custody over their assets, which is referred to as probate. In order to acquire access to the bank accounts of a deceased person and organise their property and goods. According to official statistics, approximately 250,000 petitions for probate are filed each year in England and Wales. What is probate? Executors are given access to a decedent's assets and the authority to distribute them through the legal process of probate, also known as estate management. The phrase "estate" refers to all their assets, including real estate, cash, and personal belongings. The personal representative is the individual who has been granted probate. Do…
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