Whereas people marrying for the first time have fallen from 176 thousand marriages in 2012 to 159 thousand in 2017, remarriages have held firm at a five year average of 37 thousand up to 2017, the most recent figures available, according to the Office for National Statistics (ONS).

As more people cohabitate and blend their families, what do people need to consider when making a Will?

What to consider when writing a Will involving stepchildren

It is important to understand that inheritance laws in England and Wales do not automatically recognise stepchildren in intestacy law. This means that if you die without a valid Will your estate will not necessarily be inherited by your stepchildren.

The only way to ensure your express wishes regarding your estate are considered is to write a valid Will.

English and Welsh law offers ‘testamentary freedom’ which allows the testator the right to leave your property and belongings to whomever you choose. If you fail to write a Will, your estate will automatically pass to your spouse and biological children. By writing a valid Will, you are able to specify who will inherit and how much they will receive.

If you are looking to create complete fairness and equality in the amount biological and stepchildren inherit, a Will is crucial.

A valid Will can also avoid contentious probate issues arising after your death. If you die and your property is passed to your children’s stepparent, animosity or concern may develop, but your Will and estate planning considerations can help to pacify any feelings of concern. After all, if a Will passes the entirety of an estate to a spouse, then your children may be disinherited after your spouse dies.

Adding a Trust in your Will could allow your spouse the freedom of living in the property whilst also providing certainty that your children are provided for in the future.

Asking a professional to draft a valid Will and Trust has never been so important, especially when living through such uncertain times. Rest assured that the services provided by (name business) are efficient, easy and individualised to the unique needs of each testator.

Our specialists are ready to help protect your final wishes, contact us today.

Cornerstone Wills are experts at ensuring you protect your future exactly how you wish. Speak to one our friendly team today, call us on 01276 415835/6/7

Social distancing measures introduced to prevent the spread of Covid-19 have hindered the way legal professionals are able to facilitate the increased demand for Wills.

However, rest assured that Wills are still being written. Legal professionals have just needed to become a little more creative in the ways they take instructions for the Last Will and Testament, such as video calls and how they ask testators and witnesses to sign the Will.

What has changed?

Wherever possible, people should stay at home and avoid meeting others to stop the virus from spreading and overwhelming the NHS.

This has had a huge impact on the way legal practitioners complete the Wills process where face to face meetings were usual practices.

Under Section 9 of the 1837 Wills Act, a testator must sign their Will in front of two independent witnesses (witnesses who are not beneficiaries nor married (or civil partnered) to a beneficiary of the estate). Whilst this was fairly easy in the past, quarantine advice makes this process almost impossible.

In order for the sector to continue producing Wills, many practitioners have used innovative solutions. Wills have been witnessed in gardens by neighbours, in empty car parks and even ‘drive-thru’ style Wills signings have taken place.

How can I comply with government advice and make a valid Will?

Testators should ensure that witnesses remain at least two metres from the testator and other witnesses and make sure that separate pens are used to sign the document.

Before this stage, the sector has embraced video technology as a way for the legal practitioner to make sure the testator has the mental capacity to make the Will and to understand whether the Will request is being made without undue influence.

This will also be a key opportunity to use technology to ensure the testator’s final express wishes are considered and documented.

https://cornerstonewills.co.uk/news/what-happens-if-an-executor-on-a-wills-dies/Whilst the approaches in creating a valid Will are much changed at present, the process remains the same and we remain dedicated in ensuring virus-based restrictions do not prevent such an important document from being written.

Where there’s a will, there’s a way.

Here at Cornerstone Wills we are helping our clients draft legally compliant wills during this time. Speak to our experts today, call us on 01276 415835/6/7

Probate is a vital legal requirement and will continue to remain an essential service during the coronavirus outbreak and subsequent lockdown restrictions.

HM Courts and Tribunals Service (HMCTS) has announced that remote working will mean that applications are taking longer to process and ways of working will need to adapt.

What do I need to do before probate can be granted?

• Secure a medical certificate

A medical certificate signed by a doctor is needed before the probate process can start. If the deceased died in hospital, the certificate will be taken care of by the hospital. Otherwise, the deceased’s doctor will need to be contacted.

In these troubling times, given restrictions and increased pressure on medical professionals, this may take a little longer than usual.

• Register the Death

All deaths should be registered within five days using the closest registry office in order to obtain a death certificate. You will need to take the medical certificate along with any identification documents belonging to the deceased that you have access to.

• Ascertain whether the deceased had a Will

Finding the Will, if there is one is a crucial part in the probate process. In addition to highlighting the express wishes of the deceased, it will also establish who has been appointed to the role of executor or personal representative tasked with administering the estate. It will be there job to ensure all liabilities and assets are calculated and distributed to creditors and the beneficiaries laid out in the Will.

If the deceased has failed to explain where a copy of the Will can be found, loved ones could try the National Wills Registry which will check to see if a Will had been made.

If the deceased died without a Will, the intestacy laws will establish who is best placed to administer the estate and will decide who the beneficiaries will be.

• Collate paperwork, passwords and digital records

Hunting down the paper trail a person leaves behind can be increasingly difficult. Gathering all essential records and documents will help to create a more accurate probate process. All documents that will help to notify organisations like the DVLA, post office, banks, creditors etc. of the death should be found during this stage.

By this stage, the executor will have the information necessary to apply for a Grant of Probate. Obviously, the process to this point is difficult, time consuming and often overwhelming. Our specialist team can be on hand to offer bespoke, accurate advice to minimise delays and ensure the estate is administered smoothly. 

Cornerstone Wills are here to help with your probate needs. Speak to our experts today, call us on 01276 415835/6/7

Those looking to secure a lasting power of attorney during the Covid-19 outbreak have increased at a time when the Office of the Public Guardian’s capacity has fallen.

Governmental measures have meant that more people are working remotely, self-isolating or shielding from the virus, meaning fewer employees are available to service the increased demand.

While the country remains in lockdown, the OPG has warned people looking to make an LPA that they could face extended delays beyond the usual eight weeks. Given the legal need to have your document witnessed, the OPG also advised non-urgent applications to defer their application until social distancing restrictions are lifted and their departments are working at full capacity. This will also make the process easier for the protected person (P) and their independent witnesses.

The advice does state that people are still able to apply for LPAs in the current circumstances and has suggested a number of workarounds to ensure the document is legally valid.

Remotely Consult With Your Legal Provider

Your legal provider can consult with you via video conference facilities in order to ensure you have mental capacity to proceed and are not creating the document under undue influence.

The call will also help to establish exactly what you would like to protect whether it be financial support through a Property and Financial affairs LPA or health care decisions through a Health and Welfare LPA.

Witnessing The LPA

An independent witness, who is over the age of 18 and not the attorney or the replacement attorney must witness the donor sign the document. Each attorney must also sign it themselves in front of their own witness (who can be another attorney).

This will be a challenging feat when governmental advice suggests people should remain at home and stay at least two metres apart. The OPG advise against inviting people into your home or entering the witness or attorney’s home to sign the document.

It claims that the document could be witnessed through a window, witnessed and signed outside using black ink, or walked round to the various homes and witnessed and signed safely whilst adhering to governmental health advice.

Here at Cornerstone Wills we will witness your Lasting Power of Attorney via video call, however, in accordance with the Wills Act we are legally unable to witness wills via video.

All signatories must also ensure the document is signed in the correct order to avoid having to start the process again. The donor should sign first, followed by the independent witness and then the attorney. All signatures must sign the same single document, using black ink for the LPA to be considered valid.

How Long Will The LPA Registration Take To Process?

In normal life, when the OPG are working at full capacity, an LPA will usually take eight weeks. This includes a compulsory four-week waiting period, created to allow objections and oppositions to be made.

However, the OPG are working at limited capacity and the registration process is likely to take significantly longer. We are living in a time where offices cannot work in their usual ways and whilst it is frustrating, patience and understanding are vital ingredients.

Cornerstone Wills are here to help with answering your questions about Lasting Powers of Attorney. Speak to our experts today, call us on 01276 415835/6/7

Probate is the legal process where you manage a deceased person’s possessions and allocate their money, assets and belongings once they have passed away – this is known as their ‘Estate’.

From the outset of probate it will be essential to calculate the total value of the Estate to find out if inheritance Tax is required to be paid.

More often than not, one of the largest assets that a person will own is their home and all their belongings inside. So, how do you work out how much everything is worth in readiness for probate?

Valuing a property and assets throughout the Probate process

One of the most crucial parts of the Probate process is valuing the deceased’s home and possessions. Throughout the administration of the Estate, you will need to keep a log of how much money is being transferred into and going out of the Estate in order that you can pay in total remaining debts owed and work out how much inheritance remains to give to the beneficiaries who are entitled to it.

When making these calculations it makes it clearer in terms of inheritance tax (IHT) and whether the Estate is liable for it or not. If the estate is accountable for tax, you will be able to calculate how much. You will then need to pass all the information to HM Revenue & Customs.

Valuing a house and its contents can be a difficult task but there are processes in which you can follow to make it easier. Following processes will help you in the long run as it lessens the risk of a dispute with HM Revenue & Customs.

How to calculate the value of property during probate

It is important to remember when calculating the value of a property or land that there are various factors impacting the price of it. These factors include development land opportunities, remedial maintenance needed to the property and sales of properties alike in the surrounding area.

If the Estate is liable for IHT, it would be prudent to seek a valuation from a Chartered Surveyor as they are skilled and experienced in providing valuations specifically for IHT so are much more likely to be approved and acknowledged by the HMRC. 

How to Get a Property Valuation in Probate

To ensure the accuracy of a property valuation, the District Valuer Service (DVS) of HMRC would need to check and examine the valuation presented to them. If the DVS think the valuation is wrong, they will contest it and ask for additional evidence to back up the valuation given. If Executor(s) of an Estate negligently obtain a property valuation they could be at risk of being fined. Equally, if Executor(s) found the valuation sent to HMRC was too low, they will have to contact the HMRC in writing to advise them of the correct value.    

If the deceased person’s property was jointly owned with someone else, known as ‘Joint Tenants’, then the property value will need to be split down the middle to find out what the deceased owned. However, if the property was owned jointly with someone else as what is known as ‘tenants in common’, then the value will need to be worked out along the lines of what proportion of the property the deceased owned e.g. 60/40 split between owners.

Working out the value of the house belongings

The first stage when valuing the contents of a house is to make a list of items which you think might be worth something e.g. cars, jewellery and furniture. Next, do some research on the internet to find out how much the items are worth or sold for, taking into consideration their age and condition. For specialist antique items it is advisable to seek a professional valuation who have the expertise and specialise in valuing these items.

Working out the Value of the Estate for Inheritance Tax

IHT will only need to be paid if the value of the Estate surpasses the nil-rate band. At the moment, the nil-rate band is £325,000. If the Estate is worth less than £250,000, HMRC will probably be happy with an estimated value. However, if the estate is worth more than £325,000, it will be obligatory to pay IHT, although there are some exceptions whereby you could end up paying less IHT by increasing the threshold due to certain factors.

It is crucial to understand that when valuing the Estate for IHT that you calculate the ‘gross’ value of the taxable Estate. The taxable estate includes all assets which are owned by the deceased, plus any gifts too in the 7 years before they passed away.

Apart from the deceased’s home and contents, other assets will need to be looked into such as bank accounts, pensions, investments, shares and life insurance.

Cornerstone Wills are here to help with getting property valued for probate. Speak to our experts today, call us on 01276 415835/6/7.

A Lasting Power of Attorney is a legal document giving a person legal authority to make financial decisions or medical decisions on your behalf.  

You can appoint a person to either make decisions regarding your health and welfare under a Health and Welfare Lasting Power of Attorney, which will cover things like medical treatment, where you will be treated, and even whether you should receive life-saving treatment (although this will need to be expressly declared in the document).  The only time this power can be exercised is when the person granting it has lost mental capacity.

For financial decisions a person can be appointed a Property and Financial Affairs Lasting Power of Attorney.  Under this the attorney may have access to bank accounts, power to buy and sell property and manage any financial obligations.  This power can be appointed to begin at any time you wish, for example immediately or if you lose mental capacity.

If you wish to make a Lasting Power or Attorney (LPA) then you must be over 18 and have mental capacity.  This means that you have the ability to make a decision, from mundane ones such as what to have for lunch, to important decisions such as where to live.

For most people, this will not be a difficult thing to prove or for it to even be questioned.  However, there is a two-stage test to ensure a person is deemed to have mental capacity:

• Does the person have an impairment of, or a disturbance in the functioning of their mind or brain?

• Does the impairment or disturbance mean that the person is unable to make a specific decision when they need to.

By consulting with a solicitor before making an LPA there is less chance of any problems later on, they will also be able to sign it as a certificate provider; a person that can confirm you have understood the implications of an LPA and you have not been put under any pressure to sign it.

There is no limit to the amount of people you can appoint, but issues can arise if you have many people trying to act on your behalf at once.  It is advisable however to appoint more than one in case the one person you chose to act is unable to do so for whatever reason, such as their own mental capacity, they cannot be traced when an urgent decision is needed or they die and you are no longer considered as having mental capacity.

If you appoint more than one attorney, this can be done so they act ‘jointly’, whether they have to make decisions together, or as ‘jointly and severally’ whereby they can make a decision on their own with or without the decision of the other.

You may also appoint a person to step in and act as a ‘replacement’ should another attorney be unable to act.  

An LPA can help protect couples who have joint accounts that may be frozen if it becomes a concern, to a bank, that one may take control of the account if the other is deemed as having lost mental capacity.  In these cases, it can take months and costly legal proceedings to apply to the Court of Protection to become a ‘deputy’, acting as the legal representative for the mentally incapable partner.  This also means that an annual supervision fee will be payable to the Court as well as annual accounts prepared and a security bond.

LPAs can also be a very useful tool, especially to those who know they have a medical condition where they know they will be unable to make their own decisions, such as dementia.  

Cornerstone Wills are here to help you set up Lasting Powers of Attorney for you or a family member or friend. Speak to our experts today, call us on 01276 415835/6/7

Many do not wish to think or plan for their death, especially during the excitement of a new marriage or the depths of divorce, however it is important at these times to ensure a will is up to date.

When a person gets married, a previous will (unless it has been drawn up in contemplation of marriage) will automatically be revoked and is no longer valid. This means that unless a new one is drawn up, if the unfortunate should happen, a person’s assets will be left to the laws of intestacy.

The rules of intestacy mean that the property (the person’s estate) is shared out according to certain rules, where a spouse, civil partner or close relatives are the first to inherit what remains in the estate.

If a person wishes to leave all their belongings and estate to their new spouse this is not as much of a worry, the troubles come if a person wishes to leave the estate to children, other family members or friends or even charity.

If a couple are still married at the time of death, the surviving spouse may inherit the majority of the estate even if they were officially separated at the time of death.  Under the rules the surviving spouse will inherit all personal property and belongings, the first £270,000 of the estate and then half of the remaining estate.  This could see children see nothing by way of an inheritance.

If a person dies after the death of their spouse, any will made prior to the marriage will have been made and remains invalid and their estate again will be left to the rules of intestacy.  This could see the estate going to the nearest living relatives, something the deceased may not have wanted.

The effect of divorce on a will is slightly different, however.  Instead of a will becoming invalid, and falling to the rules of intestacy, it is treated as though the spouse had died on the date the divorce was issued, or dissolution in the case of civil partnerships.

This can cause trouble if a significant portion of an estate had been left to a spouse, as instead the gift will return back to the residue of the estate, going to any residuary beneficiaries.  

This could cause issues for example where specific amounts had been left to children, relatives or friends after any amount that had been intended for a spouse.  Those who had specific amounts will receive them (provided there is enough in the estate), however the amount designated to a spouse and any remaining amount will go to the beneficiary who it was intended to only have what remained.  This may be a distant relative or charity who then inherits a significant amount more.

A divorce also has an effect on a will if a spouse was appointed as an executor or trustee, as they will again be treated as if they had died upon divorce.  This could cause problems should they have been named as a trustee for a trust to benefit shared children, as the trust will fail.

In the event of a marriage or divorce it is important that a will be reviewed, and any changes made to ensure that your wishes are complied with.  It is recommended that a regulated solicitor draw up your will safeguarding your wishes and any special provisions you may like to make.  If your finances or circumstances are difficult a solicitor will be able to navigate you through the various options, meaning less mistakes are made that could potentially make the will invalid.

Cornerstone Wills are here to help with drafting and updating your Wills. Speak to our experts today, call us on 01276 415835/6/7.

When a person dies, probate is the process of administering their estate by organising their assets, money and possessions and then distributing them as per the terms of a will or in line with the rules of intestacy.

To be able to start probate, an executor (the person who takes legal responsibility for carrying out the instructions of a will) must apply for a Grant of Probate.  A Grant will give an executor the legal authority to deal with the deceased’s property until all taxes are paid and inheritance has been passed on.

If a person died intestate (where there is no will), a Grant of Probate cannot be applied for, but instead, the estate will be administered through Letters of Administration.  

A person who has been named as an executor can chose to ‘renounce’ the right to accept the role. 

Not every estate will require probate.  If there is no property and only a small amount of money, with a total value usually less than £5,000, probate is not normally needed.  Each bank or financial institution will have different value limits on when they would require a grant of probate. 

Probate will also not be required for property that is owned jointly as joint tenants, as this passes through the right of survivorship, meaning the surviving owner automatically has the property pass to them.

Probate will be required however where there is the property that is owned jointly as ‘tenants in common’ and there are other large assets in the estate above the limit.

If you do not apply for probate, then the deceased’s estate cannot be dealt with.  The estate cannot be assessed or distributed, leaving assets and accounts frozen and in a state of limbo.  

 If you do not apply for probate, as either an executor or administrator then generally the deceased’s estate cannot be accessed or transferred.  As explained, probate may not be needed for smaller estates or for property owned as joint tenants, but it is always best to seek professional advice before distributing any estate.

Cornerstone Wills are here to help you with obtaining a Grant of Probate or letters of Administration. Speak to our experts today, call us on 01276 415835/6/7

This person is known as your Executor and they will be responsible for collecting in and valuing your assets, calculating and paying any tax liabilities, selling or transferring your assets, preparing estate accounts and distributing your estate to your chosen beneficiaries.

The job can be time-consuming and lengthy and it is important to choose your Executor carefully, to ensure you select someone who is willing and able to act on your behalf. If you do not have anyone who you feel would be able to do the job, you can appoint a professional Executor such as a solicitor to carry out the role.

It can happen that your chosen Executor dies before your estate is wound-up, either before or after they start work on the administration. We take a look at what happens in each situation.

Executor dies before Probate is applied for

If your chosen Executor dies during your lifetime, you should update your Will as soon as possible to appoint a new Executor. You can appoint more than one if you wish, to enable a surviving Executor to administer your estate on their own. 

If your Executor dies after you but before Probate has been granted, any surviving Executors can make the application. If a sole Executor dies, then a set of rules known as The Non-Contentious Probate Rules 1987 (the Rules) will determine who is able to deal with the administration. 

A residuary beneficiary is usually appointed. If the residuary beneficiary was the Executor who died, then their personal representatives can apply to the court to take over the administration of the estate. 

Executor dies after Probate has been granted 

If an Executor is partway through an estate administration and has obtained Probate before their death, then the Executors of their estate can wind-up both your estate and your Executor’s estate. This is called a chain of representation.  

Where the deceased Executor did not themselves leave a Will however, there is no chain and someone else will need to make an application to the court to take over the estate administration. This person will be chosen in accordance with Rule 20 of the Rules. 

The rule sets out in order who is entitled to make an application and it is often the case that it will fall to a residuary beneficiary.  

Finding and appointing the right person can be complicated, and it is advisable to seek legal advice to ensure that the correct individual makes the application, particularly as there can be a personal liability on the part of an Executor for any errors made in the administration. 

Cornerstone Wills are here to help with drafting and updating your Wills. Speak to our experts today, call us on 01276 415835/6/7.

Those who are due to receive funds may be keen to find out how long they will have to wait. Estate administration can be a lengthy and complicated business and it is a good idea if the Executor or Administrator makes the beneficiaries aware early on that they may have to wait a considerable time for their money. 

The Executor’s job 

The Executor (or Administrator, if there was no Will) has to collect in the deceased’s assets and value them.  

Debts need to be paid and any tax liabilities, to include Inheritance Tax, must be calculated and paid. There is usually the need to obtain a Grant of Probate or Letters of Administration from the Probate Registry. This gives official authority to deal with the deceased’s affairs on their behalf. 

If there is property owned by the estate, this will need to be cleared and sold, which often takes many months. In some cases, for example, if a sale falls through and new buyers have to be found, it can take much longer than anticipated.  

In respect of other assets, the right paperwork will be required by the asset holders, such as banks and share registrars, before funds will be released. If any of this documentation is missing or incomplete, this can also slow down the administration process.  

Once all debts have been paid and assets collected in, the Executor or Administrator will need to prepare detailed estate accounts. 

There can be personal liability for mistakes made in the administration and accounting process, so it is important that this is done competently and accurately. It is possible to appoint a professional to deal with the administration if you do not have anyone able or willing to take on the role. Alternatively, if you have been appointed as an Executor or Administrator, you can ask a solicitor to deal with the majority of the paperwork on your behalf, leaving you to sign off on the documentation. 

Which bequests are given priority? 

When the Executor or Administrator is ready to distribute the estate to the beneficiaries, there is a strict order in which payments must be made. 

Pecuniary legacies are paid first, ie. specified sums of money left to beneficiaries. Residuary legacies are paid after all other legacies. They constitute whatever portion of the estate that is left. In some cases, this can be much less than the deceased may have anticipated, for example, if large sums were paid out in care home fees. It could even be the case that there is no residuary estate. If the Executor or Administrator realises this early on, it is a good idea to warn the residuary beneficiaries of the situation as soon as possible. 

Our experts are here to help… contact Cornerstone Wills today to discuss your circumstances on 01276 415835/6/7.