Mind At Rest Wills Blog

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Scotland Independence Referendum Impact on Estate Planning

England Scotland Wills Flags

On Thursday 18th of September 2014 Scottish voters will go to the polls to cast their YES or NO vote on whether Scotland should sever its ties with the UK and become an independent country.

The result is expected to be announced sometime early on the following morning Friday 19th September 2014.

Simplified Lasting Powers of Attorney Forms to be Introduced

 office of the public guardian

The number of Lasting Powers of Attorney applications submitted to the Office of the Public Guardian has increased significantly in recent years, with 200,000 applications made in 2011 to 2012, 242,000 in 2012 to 2013 increasing to 295,000 in 2013 to 2014.

Applying for Exemption or Remission of LPA Application Fees

 office of the public guardian

When a donor makes an application to register a Lasting Power of Attorney they may be entitled to an Exemption or Remission of the application fee based on their financial circumstances.

If eligible for Exemption the donor does not have to pay the OPG (Office of the Public Guardian) application fee.

If eligible for Remission the donor receives a 50% fee reduction of the OPG application fee.

Avoiding Invalid Powers of Attorney

Wills FAQ Book

An recent paper entitled "Avoiding Invalid Provisions in your LPA‟ written by Jill Martin who is a Legal Adviser to the the Public Guardian, aims to explain how to avoid the need for severance, which delays registration and can cause annoyance and frustration to donors and attorneys.

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.


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