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Month: March 2019

Should You Contest a Will?

Posted on by Jonny

Be honest: should you contest a will? In short, it’s worth doing if you know the right way to approach it.

Because with the death of a family member, the last thing on your mind is the will. You have to deal with the grief, the loss, the funeral, and so much more.

If a will does grab your attention, you hope a family member sets something aside for you. But if it’s contrary to what you expect, you might want to consider contesting it.

What is a Will?

A last will and testament is the only way a person can explicitly state how they wish their estate to be given away at the time of their death. It could explain things like:

  • where the money goes to;
  • who should take care of children who are under the age of 18.

If there are issues with a Will and a reason to contest it, an inquiry will open. This inquiry is actually known as a probate.

The reason why wills are so important is that, if there is no will, it is the government that decides who gets what. This can mean adult children get nothing and the spouse gets everything. Or it could mean that the testator’s lifetime partner gets nothing due to their being no marriage.

Who Can Contest a Will?

Only a few people can go about contesting a will. The spouse, child, cohabitee (lifetime partner) or another person with an explicit mention in the will can go about learning how to contest a will and make a case.

On What Grounds Can You Contest a Will?

There are four main grounds under which you can appeal a will. Perhaps you believe that the testator wasn’t healthy enough or of sound mind to create a Will. Or if they require ’round-the-clock care, for example, when the last Will was made. Certainly then, there is reason to doubt its validity.

Other grounds include a lack of proper execution. It needs a signature, for example, with two formal witnesses. But if their lawyers act as their witness, it could be hard to contest. On the other hand, if there is doubt in the process, an earlier version of the will might become valid.

Of course, suspected fraud or coercion is always a reason to contest a will. These are fraudulent activities, though they can be difficult to prove.

What is the Time Limit?

When it comes to contesting a will, the sooner the better. Because there is a time limit to contest a will.

In general, you’ll have six months to contest a will. The only real example of when you don’t need to challenge a will within six months is if you gain evidence of fraud.

So serious is this allegation that fraud is always a reason to contest a Will and thus, has no time limit.

Yet with fraud, you generally want to contest the Will before the recipient and perpetrator spends your inheritance. This can only be done if you have proof.

How Can you Contest a Will?

You can contest a will easily with the right grounds, evidence, and help from contentious probate solicitors for cases such as yours. To contest a will today, get in touch with us and we will work out the likelihood your case has of winning.

Paying Inheritance Tax: What Is Involved?

Posted on by Jonny

The Inheritance Experts offer some deep insights into paying inheritance tax (IHT)

It’s possible you have 99 problems, but paying inheritance tax (IHT) ain’t one. In short, you’ll only need to worry about IHT if your estate is large enough to incur the charge.

However, to ensure your loved ones receive their rightful share to an estate, consider IHT when writing your will. If you’re unfamiliar with inheritance tax, you might be unsure about what it is or what you need to do. Keep reading to learn more about paying inheritance tax and the processes involved.

Who Doesn’t Need to Worry About Paying Inheritance Tax?

By rule, IHT goes onto the estate of a person who passes away. In general, IHT’s impact stretches to everything from finances, property, and possessions. However, you will not need to pay inheritance tax if:

  • Your estate’s value is below the NRB of £325,000.
  • You have chosen to leave everything from above the threshold to either your spouse or civil partner.
  • Also, you’re leaving the above threshold to an exempt beneficiary (g. a charity).

However, your estate’s value is higher than the NRB. Accordingly, the sum above the threshold could be subject to a 40% tax rate. Ultimately, this could prevent your loved ones from receiving a lump sum or property left for them in your will. That’s a situation, in turn, that could lead to someone challenging a will.

Currently, the NRB rate is £325,000 until 2021 when it could be subject to change. However, the rate could rise if you are surviving civil partner or widowed. Yet, it is possible for couples to transfer available NRB to a surviving partner.

This is a Transferable Nil Rate Band (TNRB) and can double the amount to £650,000.

Paying Inheritance Tax: When Do You Have To Do It?

HMRC require IHT to be paid six months after the person died. A failure to do so will result in the tax accruing interest. A will’s executor can pay the tax using various assets. For instance, the testator’s property or by making instalments over a 10-year period.

However, the outstanding sum is subject to interest charges. But an executor might sell a family member’s assets prior to paying IHT. Therefore, they must ensure both the instalments and any interest incurred are consequently paid in the IHT bill.

Unfortunately, if you fail to account for inheritance tax when writing a will, this could lead to inheritance disputes. Even worse, it could cause a beneficiary to contest a will. To that end, they might believe they have not received their fair share of an estate.

What About Capital Gains Tax?

In short: a beneficiary isn’t usually liable to pay Capital Gains Tax on their inheritance. One obvious exception, however, is the following scenario.

  1. You inherit something (for example, property) as part of your estate;
  2. Subsequently, you sell that asset for a profit of some kind.

What will the tax-free inheritance tax be in 2020-21?

In the 2020-21 tax year, Which.co.uk stresses the nil-rate band for tax-free inheritance tax rates allowance is still £325,000.

How does my life insurance affect IHT?

For this, we’d like to share some great insight and guidance from Online Money Advisor, so credit to them:

Inheritance tax is paid on any estate totalling more than £325,000. Any amount of money in an estate over this threshold is taxed at 40%. (That’s the case) no matter what the income tax bracket of the beneficiary.

Therefore, to avoid inheritance tax liability, life insurance payouts need to stay under that £325,000. Another option, says Online Money Advisor, is to pay the life insurance directly to a:

  • civil partner;
  • spouse, or;
  • a club or charity.

In that set of scenarios, you won’t find yourself subject to IHT as a result. Ergo, no taxes to pay, especially on the transference of assets between married couples.

How to Pay Inheritance Tax

An executor must apply for an IHT reference number at least three weeks before payment is due on the estate. Upon receiving the number, an executor can either:

  • Pay it from their personal bank account;
  • Or, pay it from a joint account with the testator.

To make a full or partial payment, you can pay via:

  • Online or telephone banking;
  • Your bank or building society;
  • CHAPS or Bacs;
  • A cheque through the post.

Conclusion

If your estate is above the NRB threshold, inheritance tax cannot be avoided. To prevent inheritance disputes from arising, you must factor in IHT when writing a will. As a result, you can ensure you provide your loved ones with an equal share of your estate*.

*If you so desire, of course.

How to Ensure Your Will is Valid

Posted on by Jonny

There are a number of reasons to write a will, and also ensure that will is valid. This legally binding document will help you to determine what happens to your estate should you pass away. In turn, you can effectively pass on your property, money, and personal possessions to your loved ones or a charity.

Moreover, a valid will ensures you do not pay far more inheritance tax monies than necessary.

However, to legally execute a will, you must adhere to a number of strict rules stated in Section 9 of the Wills Act 1837. Read our legal advice below on how to ensure your will is valid.

How to Write a Valid Will

A failure to write a valid document could potentially provide people with grounds for challenging a will. To avoid inheritance disputes and ensure a will is legally valid, the testator must:

  • Firstly, be 18 years of age or over.
  • Second, the testator has to be of sound mind.
    • There are many different terms for this, including the testator’s “testamentary capacity” at the time, or;
    • Alternatively, the testator “has sufficient mental capacity.”
  • Third, have voluntarily wrote the will.
  • Fourth, do so in the presence of two witnesses over 18 years old.
  • Finally, two witnesses must co-sign the will in their presence.

A Will is Valid When It Is In Writing

To deem a will legally valid, it must be handwritten in either pencil or ink. Additionally, it can be typewritten into electronic format, so long as it adheres to the above rules.

If you choose to handwrite a will, write it with ink to ensure it avoids amending or contesting. Otherwise, a challenger might state a testator wasn’t certain about a section of a will, so wrote it in pencil.

Consequently, ensure the family won’t struggle with inheritance disputes following your death by writing the document in ink.

The Signing of a Will

It is imperative that two witnesses watch a testator sign a will. If one or both witnesses do not watch the signing, the will isn’t legally valid, and it could provide others with grounds for challenging a will. For this reason, the witnesses must know their role is to watch you sign the document to ensure its validity.

Also, it’s clear that they do not need to know your wishes within the document. Yet, as they witness you doing it, they must be aware that they are watching the signing of your will. Furthermore, they need to declare their presence by both signing their signature.

Additionally, a testator must be witness to that action.

Who Can Be a Witness?

When it comes to signing and witnessing, there are currently no rules regarding who can be a witness for the signing of a will. However, the person you choose must be aged 18 or over and cannot be blind. They also do not need to be a professional or possess any qualifications.

However, to prevent inheritance disputes from arising, avoid choosing a beneficiary, executor or blood relation to be a witness. Good examples of independent witnesses include a neighbour, colleague, or GP.

If, however, you believe you have grounds for challenging a will, contact The Inheritance Experts today.

Witness To A Will Signing: Who Can Do It?

Posted on by Jonny

Planning to write a will in either England or Wales? It will need the signatures and presence of two independent witnesses. If it isn’t, the will is legally invalid, and it could face challenges when you pass away. So having a witness to a will is essential.

There are, however, various rules you will need to adhere to during the signing. To ensure you don’t invalidate a will, read on to learn who can be a witness when executing a will.

Who Should be a Witness During a Signing?

You might be surprised to learn that the laws regarding witnesses are rather relaxed. However, witnesses should be chosen to prove a will has been effectively executed; otherwise, it could make it easier for others to contest a will. For this reason, you should choose witnesses who are:

  • First, the must be over the age of 18.
  • Second, they must be competent, i.e. of sufficient mental capacity.
  • Third, they cannot be beneficiaries or an executor.

For example, you could ask a friend, neighbour or colleague to sign a will. However, only if you do not plan to include them as a beneficiary. It is also possible to ask a GP to be a witness. That’s especially true if you are an elder, are suffering from an illness or are taking medication. By doing so, this could prevent others from stating you were not sound of mind when signing the document and could provide fewer grounds for contesting a will.

Also, it is beneficial to choose a witness who is your age or younger, which will ensure they are alive should you pass away, so they can state they watched the signing of a will.

It is also important to note that a witness doesn’t need to read your will. In essence, they merely need to be a witness to a will signing.

Who Shouldn’t be a witness to a Will Signing?

A witness should be chosen to provide evidence that a will was successfully executed, which can prevent others from turning to will dispute solicitors to challenge its validity after your death.

For this reason, you should avoid asking the following people to be a witness:

  • First, an executor cannot be a witness to a will signing.
  • Secondly, a beneficiary is not a valid witness.
  • Thirdly, a partner by marriage or civil partnership can’t be witnesses.
  • Finally, any blood relatives are also ineligible.

The Will Signing Process

Once your will is complete, you must fill in the following information in the presence of two witnesses in certain appropriate areas.

  • The date of the will’s signatures and declarations.
  • Sign your name using your signature.
  • Ask the witnesses to add their signatures.
  • Print their names, occupations, and addresses.

Once the last will and testament have signatures from both the testator and their two witnesses, you can’t amend the document.

When to Review a Will

While a document shouldn’t be amended once the last will and testament has been signed, it is possible to review and amend it at a later date. For example, consider reviewing your will if your partner passes away, you add to your family, or if you get married or divorced.

If, however, you question the validity of a loved one’s will, it is important to act as soon as possible to prevent the executor from receiving a grant of probate. To do so, contact The Inheritance Experts today to talk to one of our experienced will dispute solicitors.

Common Trust Disputes: An Explanatory Guide

Posted on by Jonny

The law has its complications, especially when it comes to common trust disputes. Which is why when the law (or an individual) is causing you trouble, there’s a better way to handle trust disputes.

That best way forward is to contact a lawyer and have them work within the bounds of the law for you. In the case of common trust disputes, the process is easier and more likely to succeed. Usually, hiring professional negligence solicitors to pursue trust and probate claims (especially a contentious trust) can help.

What is a Common Trust Dispute?

In short, a trust is usually for estates where a person’s assets are considerable. It is, in essence, a better way to:

  • minimise tax, and;
  • protect the estate until it’s time for the assets within the trust to go to its trustees.

A testator can create these trusts before death, or as per their request in a last will and testament.

As you can imagine, the goal of a trust is to minimise complications. But even the best plans do have faults and trust disputes do happen.

For example:

  • if the trust is incorrectly put together;
  • when there are disputes between the trustees and beneficiaries, or;
  • if there is evidence of fraud.

When is a Trust Fraudulent?

A trust can be fraudulent for a variety of reasons. If the trustee is negligent or commits fraud, for example. Or if a trustee ignores a breach of trust committed by a fellow trustee. Negligence almost always will open up a case for fraud against the trust and/or its trustees.

Moreover, it’s generally easy to prove. If a trustee in any way neglects their duty as the trust outlines, they are inherently negligent.

Another example is if the person who creates it lacks the mental capacity or faces coercion into making it. This is similar to any fraud for the last will and testament.

If the settlor, or the person who set up the trust, was given negligent legal or tax advice this could also make the trust fraudulent. This same applies if the trust documents themselves don’t line up with the wishes of the deceased in their will.

Matters of covering the ownership

Trusts can also be used to disguise ownership of estates. This is also a fraudulent activity, one of several common trust disputes scenarios you might encounter.

In short, either fraud can occur to exploit the trust, or fraud can occur because the trust is a result of fraudulent purposes. Amongst common trust disputes, a dispute in trusts occurs when there is either fraud or a suspicion of fraud.

What to Do if You Want to Dispute a Trust?

Instigating family trust disputes can, indeed, be challenging. There is a lot of documentation and people within a trust, to begin with. Moreover, if you suspect fraud it can also be difficult to prove.

Additionally, one area of concern is about what happens as a result of a dispute internally. In short, you may, in fact, want to dispute a trust that’s been unfair to you. At the same time, you wouldn’t want to cause damage to family relationships in the process.

Bringing family members into litigation can hurt feelings, and ruin relationships. That is why when you want to contest a trust you need trust dispute solicitors who can handle the process delicately. You will also want to choose professionals who are well versed in the law and changes that have been made over the years.

How to act in the best interest

There are many elements to keep in mind, overall, when it comes to trust disputes. We reveal a few of these below, coupled with a short explanation of what they can mean to the trust assets.

Time limits

One common question you’ll find in this line of work is about how long you have to file a claim. In short, there are two main factors to consider:

  1. If there is a breach of duty in terms of the trust itself;
  2. Alternatively, if allegations of fraud loom over the case, especially with regard to fraudulence on the fiduciary duty.

When a trust dispute occurs and you wish to make a claim, time limits cut back on how long you have. This ‘limitation period’ of time is usually six years from the conduct of a breach of trust. Ultimately, this time limit receives an extension in the case of fraud. But after this happens, your claims will not be valid.

Remember, above all: you have a six-year time limit to make a claim within. But regardless of the types of trust, you’re talking about, be sure to act quickly.

Remove Trustees

Turn to your solicitor for legal advice regarding this particularly contentious probate issue. But for the sake of this type of dispute resolution, the removal of a trustee is at the discretion of the trustor.

Even successors to the testator can be subject to removal thanks in part to express powers granted within the trust deed.

Laws Governing Trust Disputes

Trusts coming to life on or after 1 February 2001 are subject to the Trustee Act 2000. Meanwhile, those before this date are subject to different laws, including the Inheritance Act. Our collection of legal firms know these laws very well, especially as they pertain to trust disputes and resolution.

As we state throughout our online services, claims tend to arise whenever a claimant doesn’t receive reasonable financial provision in the Will. The Inheritance Act addresses reasonable financial provision: for instance, non-spouses and civil partners can accordingly bring a claim. For spouses and civil partners, furthermore, the matter goes beyond maintenance.

Inheritance Act claims also relate to those testators living in either England or Wales. Accordingly, the deceased person must have lived in either England or Wales. In contrast, it doesn’t really matter where the claimant is from to file a claim. Above all, you can make a claim no matter where you live – you’re not relegated to needing to be a resident in England or Wales.

How Do You Remove a Trustee?

Posted on by Jonny

When someone you love, be it a family member or friend, passes away, one of the ways they may decide to leave you some inheritance will be a through a trust. This is often a smart way to ensure that the money and/or assets that they leave you are safe until you are ready to receive them. However, trustees put in charge of your trust may not do their job properly for a number of reasons. In turn, you may have to remove a trustee.

Ergo, you can ensure that the wishes of the testator receive proper management. Or, the beneficiary that you are concerned about, such as a child who cannot represent themselves at this moment in time, receives the money and assets that rightfully belong to you.

Why would you seek to remove a trustee?

To remove a trustee, it’s often a case of necessity or of there being no other resort. There can be a multitude of reasons to do so.

For example, if the trustee becomes no longer fit to carry out the responsibilities associated with managing a trust. This could be due to illness or, indeed, their own death. But most likely, activities like heavy drinking or drug abuse inhibit one’s ability to responsibly handle the estate.

Another reason is that the trustee experiences undue influence from a third party. In turn, that influence causes them to mishandle the will. An example of this could be if the trustee enters into a new romantic relationship and this partner tries to encourage them to undermine the legality of the will and take funds and assets for themselves.

You can also remove a trustee when the testator declares multiple trustees take charge of the trust. Yet, in turn, they are unable to cooperate with each other.

How do you do it?

The removal of a trustee is not the easiest thing to do. You’ll need to present hard evidence, such as documents and testimony, of wrongdoing. Also, you must follow all proper procedures in doing so in order to remove a trustee.

The best way for you to achieve this, especially if you are not from a legal background, is to employ an estate litigation attorney. They can help you through the process and ensure that all the regulations and procedures are followed to the letter. As part of their job, they ensure nothing is done that could jeopardise your case. Trust dispute solicitors can give expert advice on this matter and help you with your case.

Why should you do this?

Seeing now what it takes to remove a trustee, it can seem like a lot of work. In turn, that might stop you from taking further action.

However, the person who left you this trust wanted you to benefit from it. So, it’s important for their wishes that a third party incapable of taking this responsibility seriously doesn’t interfere. Trust dispute lawyers can be on hand to help you find a resolution, seeking the best possible outcome in the shortest amount of time possible.

How To Fight a Fraudulent Will

Posted on by Jonny

When someone you love dies, it can be difficult to focus on anything other than the grief as you begin to process the loss of someone who meant a lot to you. However, the most important thing that you need to sort out as soon as possible is dealing with the deceased will.

This should normally be a very straight forward process, but it has been known for wills to be fraudulent and, in this case, that means that the real wishes of your loved one are not being carried out.

In this scenario, you need to know the right steps to take should you have reason to believe something is not right with the will, so that justice can be done, and the money and assets left by your loved one can be given to the correct beneficiaries.

What are the indicators?

Fighting a fraudulent will is not something you will have to do many times in your life. As a result, spotting the evidence of fraud is inherently difficult. Generally speaking, the grounds for contesting a will or countering a fraudulent will can vary. To give you a helping hand, below are some indications that fraud may have taken place.

  • The original will suffers from destruction or ‘conveniently’ lost.
  • The signature isn’t your loved ones.
  • Two witnesses were not present at the signing.
  • If you suspect the testator signs the will by force or trickery.
  • When the will gives everything to a caregiver immediately.
  • If your loved one wrote the will without the advice and presence of a legal professional.
  • If alterations were suddenly made to the will when the individual was in the hospital.

So if any of these above scenarios occur, seek out legal advice. You’ll discover how to proceed in order to get justice and ensure their true wishes are carried out. Will dispute solicitors can be on hand to seek resolution.

Fight a fraudulent will practically

As mentioned above, the first thing you should do is seek legal advice from inheritance experts to see two things.

  1. If you have a substantial claim to fight a fraudulent will.
  2. How to work out the process from this point forward to ensure you get the best possible outcome if the case goes to court.

The first thing that you will need to do is gather the evidence that adds sufficient weight to actively prove your claim of fraud which, again, a legal investigator can help you to do effectively. After this, you will need to work with the attorney to mount your case and have it presented to a judge.

Of course, before this gets taken to a court, a good idea is to have a mediation meeting with all those concerned present to state their cases and evidence in order to try and get to an agreement before going to court in order to save everyone the emotional distress this could cause in the wake of losing someone you all love.

Regardless, some people (even siblings) do have to fight a fraudulent will. Therefore, being familiar with the processes involved can help you to get what you deserve and, in the instance of a fraudulent will, this knowledge can make the difference between a successful and unsuccessful claim.

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