Mind At Rest Wills Blog

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What is a Certificate Provider?

Wills FAQ Book

In order for a Lasting Power of Attorney (LPA) to be valid and registered with the Office of the Public Guardian, it must contain at least one certificate (two if you are not choosing a person to be told) confirming that the person making the LPA (The Donor) has full mental capacity at the time of making the LPA.

Providing For Pets In Your Will

What will happen to your pets when you die?

 Picture of a Dog

Worrying about what would happen to family pets if you were to die before them is a common concern. UK law regards a deceased persons Pets for example Dogs and Cats as Personal Chattels.

Probate Options For Swearing An Oath

 Probate Image

As part of the process of applying for probate you will need to complete the PA1 Probate Application Form and the IHT205 Inheritance Tax Form and send or take them to your local Probate Registry.

The next step after the forms have been processed is to swear an Oath.

The Probate Registry will send the Oath to the first named applicant on form PA1, if there is more than one applicant named on the PA1 then all applicants will need to swear the Oath.

Changes to IHT Taxation of Trusts

Inheritance Tax Image

The latest HMRC Inheritance Tax Consultation Paper entitled A fairer way of calculating trust charges indicates that Changes to the IHT taxation of trusts will apply from the 6th of June 2014.

New rules proposed by HM Revenue and Customs will mean that an individual placing assets into multiple trusts will have to decide how they split their £325,000 Inheritance Tax allowance between the trusts.

EPN Membership Review Updated

Estate Planners Network Logo

Back in March 2014 I wrote a blog post entitled Estate Planners Network (EPN) Accredited Membership

EPN provide a support and development network for Will Writers and Estate Planners, offering a self-regulatory regime for its accredited members that wish to provide a professional service to their clients.

Google Launches Removal Request For Your Online Footprint

Google Search Image

Recently the Court of Justice of the European Union ruled that certain users can ask search engines to remove results.

The results that can be removed are for queries that include the users name where the results returned are “inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they were processed.”

The ruling from the Court of Justice is commonly being referred to as a "right to be forgotten" request.

The Care Act 2014

care home

On the 14th of May 2014 the Care Act 2014 received royal ascent and is now law.

The Care Act 2014 brings with it major reforms to adult social care and support in the UK.

Previous laws surrounding adult care have been described as outdated and confusing.

The reason why the new act was needed was to create a modern law relevant to current and future needs of the people it protects.

What Invalidates A Will?

Wills FAQ Book
If you are considering making a Home Made DIY Will you need to be aware that a Will is not considered to be valid if it does not fulfill the requirements of the Will's Act 1837

A Will must be considered valid in order to obtain a Grant of Probate.

Intestacy Rules of England & Wales

Image of intestacy legal words

In England & Wales If you die without making a Will, the State makes one for you.

The state does this by following a set of Statutory Legacies known as the Rules of Intestacy.

The current levels for Statutory Legacies came into effect in February 2009.

There are many well documented cases of extreme hardship and difficulty resulting from people dying intestate.

What is a Memorandum of Wishes ?

 Wills FAQ Book
Commonly a Memorandum of Wishes is a document that is used in conjunction with a Trust.

However it can also be used as a letter of wishes with a Standard Will to direct your Executors on how you would like your low value personal chattels distributed.

Memorandum of Wishes with a Standard Will

When used with a standard Will a Memorandum of Wishes is a Document stating your personal wishes for any small low value informal gifts you wish to make such as personal chattels.


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