St. Leonard’s Hospice Make a Will Month October 2021

Making a Will and letting your family and friends know your wishes are vital, and it can be a lot more affordable and straightforward than you think... MAKE A WILL MONTH October 2021   A Will is one of the most important documents you will ever have drawn up, but it's something that many people put off. If YOU don't have a Will, or your Will needs updating.  Ware & Kay Solicitors has once again teamed up with St Leonard's Hospice to give you the opportunity to have your Will written free of charge in exchange for a donation to the Hospice. Ware & Kay Solicitors are giving their time, free of charge, to write basic Wills in exchange for a suggested minimum donation to St Leonard's Hospice. It's easy... Arrange an appointment with one of the following Solicitors on 01904 716000 during Make a Will month: Sian Foster - Head of Wills & Probate Bella O’Keeffe - Solicitor in Wills & Probate…

Contesting a Will – do I have a case?

Will disputes are becoming increasingly common due to an increase in the elderly population, a rise in dementia and Alzheimer’s sufferers, changes in family structures and the increasing value of estates.  Julie Bradwell a Litigation Solicitor specialising in Contentious Probate gives an overview of the various ways to contest a Will or make claims against an Estate. What are the grounds for contesting a Will or estate? Claim under the Inheritance (Provision for Family and Dependants) Act 1975 If you have been left out of a family member or a friend's Will, or if you do not think you have been left enough under a Will, then you may be able to make a claim for reasonable financial provision under the above Act. There are a number of criteria which any potential claimant will need to satisfy…

Giving away an inheritance

Have you recently inherited assets from a family member or a friend who has recently passed away? We appreciate that there are circumstances where you might not necessarily wish to receive a legacy and may wish to re-direct it elsewhere.  Some of the common reasons why are as follows: You know/suspect that the deceased’s wishes had changed since they made their Will some years prior and you wish to honour what you believe to be their final wishes. You would like to help out other family members/friends/charitable organisations by passing on wealth to them. You expect that Inheritance Tax will be payable on your death due to the size of your estate before receiving the legacy. You therefore do not wish to increase your net worth further. The substitute beneficiaries on…

Coronavirus: time to check your Will?

The horrendous death rates of the coronavirus pandemic have brought one’s own mortality into sharp relief, leading many of us to consider getting our affairs in order in case the worst should happen. The first step in this regard is to make a Will to ensure your property and belongings are distributed according to your wishes when you pass away. If you die without leaving a valid Will it means you have died ‘intestate’ and the law decides who gets what, regardless of need and your relationship. Leaving a Will is particularly important if you are from a farming family as you may also want to ensure the continued success of your business. For example, you may want to pass the farm to a specific child who has continued working on the farm while their siblings have moved…

Making sure you know the rules on how Estate Debts should be paid

If you are an executor of an estate, you may need to deal with debts that have been left behind. Any estate may have debts to be considered, even if the deceased was wealthy – it is reported that Michael Jackson died with around $500 million worth of debt. ‘Personal debts do not expire on death, they are carried over into the estate,’ says Sian Foster, Head of Wills & Probate with Ware & Kay in York. ‘It becomes the responsibility of the executors to make sure those debts are repaid.’ Impact of debts on beneficiaries Naturally, if an estate includes any debts this will mean that there is less to be distributed to the beneficiaries. However, the extent of a beneficiary’s disappointment will depend on the nature of the gift they are expecting as well…

Saint Catherine's Hospice Make a Will Week 29 March to 02 April, 2021

Pearsons & Ward Solicitors in Malton (part of Ware & Kay Solicitors based in York & Wetherby) is delighted to support the Saint Catherine’s Hospice Make a Will Week. We have agreed to give our time and expertise for free to support Saint Catherine’s Hospice Make a Will Week. We will happily speak with you to take your instructions for a simple Will during this week and draft a professional Will in accordance with those instructions. We will also arrange with you for your Will to be signed by the end of May 2021. In return, you will make a donation to Saint Catherine’s. Our suggested minimum is £125* per single Will and £200* per matching pair. This is payable at the time you sign your Will with us and we will forward the donation…

Contesting a Will – do I have a case?

Will disputes are becoming increasingly common due to an increase in the elderly population, a rise in dementia and Alzheimer’s sufferers, changes in family structures and the increasing value of estates.  A Will needs to satisfy a number of criteria to be valid. The presence of any of the factors below may invalidate a Will: Lack of mental capacity when the Will was made. Lack of knowledge and approval of the terms of a Will. Undue influence. This needs to be more than mere persuasion but something that overpowers the will of the person making the Will. Fraud and forgery. Will not properly executed. There are certain formalities set out by the Wills Act 1837 which must be satisfied. This includes a Will being in writing, signed and witnessed. Although there is technically no…

What happens if I die without making a valid Will?

This is known as dying Intestate. The Intestacy rules make provision for spouses and certain blood relatives to inherit your assets when you die.  However, the division between your family can be very complicated and it isn’t usually as expected or as you would have intended.  Where there is no Will, a surviving spouse might not be sufficiently provided for financially. In addition, young children may have access to wealth before they are financially mature.   Any unmarried partners, friends, charitable organisations, step-children and step-grandchildren would not inherit your estate if you didn’t make a Will.  Instead, only spouses, blood relatives and persons adopted into your family would be included.  This could include distant or estranged blood relatives.  If you had no surviving relatives, your estate would pass to the Crown.  If you make a Will, you…

Do I need to change my existing Enduring Power of Attorney into a New Lasting Power of Attorney?

Enduring Powers of Attorney (EPAs) were replaced by Lasting Powers of Attorney (LPAs) on 1 October 2007. Although new EPAs cannot be created, or existing ones amended, EPAs are still valid. EPAs only cover decisions regarding your finances and property, they do not cover health and welfare decisions. If you wish for your attorneys to be able to make decisions regarding your health and welfare, you would be advised to make a new LPA for health and welfare decisions. This would then allow your attorneys to make decisions on your behalf regarding issues such as your daily routine, medical care and where you live. An LPA for health and care decisions can also allow your attorneys to refuse or consent to life sustaining treatment. Not only does an LPA have more options, it also gives more…

Are you concerned about family members contesting your Will?

We have seen that attempts to contest a Will are on the rise.  In the past, such claims were largely limited to high-value estates but we are now seeing an increase in claims against estates of all sizes. When claims are made, the costs can run into tens of thousands of pounds and they can take many years to settle.  The added stress of dealing with a claim along with the delay in bringing matters to a conclusion can be distressing for your loved ones. Our highly skilled and experienced lawyers can provide you with all the necessary advice and guidance when you make a Will with us.  As part of our Will service, we are happy to prepare comprehensive Statements of Reason as a means of providing the best possible opportunity for claims to be…