There are TWO different types of “Care” available in England & Wales, being either HEALTH care or SOCIAL care, so in respect of care fees, what are your rights? Firstly, if a person’s need for care is primarily health related, then they qualify for free HEALTH care under the NHS, either in their own home …
What is a Grant of Probate?
So what is a grant of probate, most people have heard the term “Probate”, however far fewer are aware of what it means. Just because we have a Will, that does not automatically mean that after death the people dealing with such affairs can then immediately begin sharing out an estate. If there is a …
Power of Attorney for Business Purposes
A business Lasting Power of Attorney (LPA) specifically differs from a personal LPA. It will be tailored according to your business, and considers its Articles of Association, Shareholder agreement or Partnership agreement. A business Lasting Power of Attorney (LPA) specifically differs from a personal LPA. It will be tailored according to your business,LPA in place …
How do I know that my Will is valid?
Questions that we receive regularly include “How do I know that my Will is valid?”; “For How long does my Will stay valid?”; and “Can I make any changes to my Will?” How do I know that my Will is valid? As soon as your Will has been signed correctly it becomes a legally valid …
Inheritance Tax Avoidance – Devon Wills
Inheritance tax (IHT) is payable upon death or at certain stages during lifetime. For the purposes of this post, we will look at the IHT charge payable upon death which relates to the deceased’s estate. Upon death, the Executors will calculate the value of the estate including the value of any assets i.e., property or …
Lasting Power of Attorney replacing Enduring Power of Attorney – Devon Wills
You may have an Enduring Power of Attorney (EPA) in which you have appointed people you know and trust, or a professional, to act as your attorney. This may be to help you manage your affairs now or limited to allow your attorneys to make decisions for you in future if you lose the mental …
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Joint Tenancy v Tenancy in Common – Devon Wills
We receive queries on this subject regularly, so this post is designed to help answer those common questions or misconceptions. If you hold your property as “Joint Tenants” with another person, you may decide that you want to change the ownership, so it is held as “Tenants in Common” instead. This will then enable you …
Discretionary Trusts – Devon Will Writer
Discretionary trusts are a type of trust where the trustees are given complete discretion to pay or apply the income or capital of assets for the benefit of beneficiaries. The Trustees have control over how much to distribute at any given time, when to make distributions and to whom such payments are to be made. …
Can an Executor of your Will also be a Beneficiary? – Devon Will Writer
It is a common myth that an Executor of a Will cannot also be a beneficiary. This is not the case, as a person CAN act as your Executor AND benefit from your Will also. This myth probably exists because it is the case that a beneficiary of your Will may NOT act as a …
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5 Common Excuses Used to Avoid Arranging a Will – Devon Will Writer
There are many reasons how people and their estate planning problems can end up within anecdotes at social gatherings or in a local interest article in a newspaper. Here are 5 common excuses used to avoid arranging a will and which people then often use to justify inaction in relation to their Will. I’ve already …
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Care Fees – Devon Will Writer
There are TWO different types of “Care” with relevant care fees available in England & Wales, being either HEALTH care or SOCIAL care. Firstly, if a person’s need for care is primarily health related, then they qualify for free HEALTH care under the NHS, either in their own home or in a residential nursing facility. …
Investment Property Values and how to protect these from Inheritance Tax
It is widely recognized that although most ongoing active businesses are exempt from Inheritance Tax (IHT) upon the death of the owner(s) or controlling shareholder(s), those businesses where the main activity relates to investment property or properties are NOT exempt from potential IHT liability, so how do you protect from inheritance tax? However, all is …
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TRF Wills (TRF) was created by Michael Cotterill in 2005. He is a member of the Society of Will Writers and registered with the Information Commissioner’s Office.