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Court rules a mother’s Will was forged by her son

4th April 2014 | Wills & Probate

Court Rules Mother's Will Was Forged By Her Son | Middletons Solicitors A woman’s Will has been declared invalid after a court ruled that it had been forged by her son. The woman originally made a Will in 1999, stating that she intended to split her estate equally between her two children. The son claimed the mother made a new Will while she was dying from cancer in hospital. He said that the new Will was witnessed by his mother’s sister and a nurse at the hospital. It...

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Trust protects family home from thousands of capital gains tax

18th March 2014 | Wills & Probate

Setting up a simple trust relating to his mother‘s home has saved a man and his wife several thousand pounds in capital gains tax. The case involved a woman who sold her house in 1996 to her son and his wife on condition that she was allowed to continue living there for the rest of her life or until she remarried. She remained there until 2005 when she went to live with her son and his family following an injury. Her home was eventually sold in 2007. HMRC calculated that the...

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Disinherited sons fail to overturn their father’s Will

21st February 2014 | Wills & Probate

A man’s Will leaving most of his estate to his daughter and sister-in-law has been upheld despite opposition from his sons who had been disinherited. The court heard that the man had originally made a Will which benefited both his daughter and his sons. However, following a family dispute involving the sons and the daughter, the situation changed. The father wrote to both his sons telling them he was upset by the situation and asked them to engage in mediation with their...

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Wife waited too long to seek better deal from husband’s Will

16th December 2013 | Wills & Probate

People who feel they have not been properly provided for in a relative’s Will can ask the courts to step in and grant them a larger share of the deceased person’s estate. However, unless there are exceptional circumstances, they usually have to begin proceedings within a six-month time limit. Failure to so do could mean the claim will be rejected, as happened in a recent case that went to the Court of Appeal. It involved a woman whose husband died in 2005. They had been...

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Charles Goodbody discusses Will Aid on BBC Radio Wiltshire

15th November 2013 | Wills & Probate

Charles Goodbody Covers Will Aid on BBC Radio Wiltshire | Middletons Solicitors | Andover Charles Goodbody travelled to Swindon to discuss Will Aid on BBC Radio Wiltshire. It was a really informative and relaxed conversation and covered some interesting areas that had not come up before such as people finding work commitments that meant leaving the country at short notice.  The Will kit question was also covered!  It was a very useful and positive piece for Will Aid. To find...

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Trust period amended to reduce inheritance tax burden

8th November 2013 | Wills & Probate

Discretionary trusts are a great way to reduce the burden of inheritance tax but they must be drawn up properly to be effective. A recent case before the High Court shows how problems can arise if the trust is not prepared correctly. The case involved a man who made a will in which he wanted to leave as much of his estate as he could to his wife and his children without incurring inheritance tax. With this in mind he created a discretionary trust fund to absorb some of his...

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Treasury boosted by rising inheritance tax receipts

14th October 2013 | Wills & Probate

The money the Treasury receives from inheritance tax (IHT) has increased for the third year in a row, according to figures released by the Office for National Statistics (ONS). In 2012-13, it reached a total of £3.147billion – a rise of 8% on the previous year and the highest figure since the start of the recession in 2007. It’s thought the increase is partly due to people saving more of their money rather than spending it during the economic downturn. The ONS believes...

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Woman wins right to remain in former partner’s home

11th October 2013 | Wills & Probate

Woman Wins Right To Remain In Former Partners Home | Middletons Solicitors  A woman has won the right to remain in her deceased partner’s home despite a legal challenge from his son. The case involved a couple who were not married but had lived together for 12 years. The man had made a Will leaving all his estate to his son. The Will didn’t leave anything to his partner. However, the man later added notes to the Will saying that in the event of his death, his partner was to...

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Government seeks international collaboration to tackle dementia

7th October 2013 | Wills & Probate

The Government Seek International Collaboration to Tackle Dementia | Middletons Solicitors The government is seeking international collaboration to tackle the growing challenge of dementia as people lead increasingly longer lives. Health Secretary Jeremy Hunt says there are currently 670,000 people suffering from various forms of dementia in the UK and this figure is set to double over the next 30 years. Mr Hunt said: “Dementia is far from a uniquely British problem – it is a...

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Public ‘at risk’ as Will writing remains unregulated

5th August 2013 | Wills & Probate

The Law Society says the Government decision not to regulate will writing puts the public at risk of being exploited by unqualified and unscrupulous practitioners. Many legal services are strictly regulated but Will writing is not. The Law Society and the Legal Services Board have long campaigned for stricter controls to protect the public but the Government has decided not to take any action. The decision means that anyone can set up in business providing Will writing and probate...

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