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Wills and Estates

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Private Client Newsletter

Issue 18 - 1.14 Mb


International property and the law

With more and more individuals acquiring property of all types – both land and buildings and moveable or personal property – in a number of different countries, lawyers are increasingly likely to have to give consideration to matters of international private law.

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£1 million legacy successfully challenged….

The recent decision of the High Court in Sharp and Another v Adam and others has highlighted the importance of establishing testamentary capacity when the validity of a will is called into question.

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Deeds of Variation

It is currently possible for the beneficiaries of a deceased person’s estate to vary the terms of a Will or intestacy within two years of the date of death. This is often done to make use of valuable tax allowances. If the Deed of Variation contains the appropriate elections for Inheritance Tax and Capital Gains Tax purposes the variation will be viewed as having taken place by virtue of the Will or intestacy.

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The Benefits of Making a Will

The hectic pace of modern living makes it easy to focus on the needs of the moment and neglect planning for the future. Many people dismiss the importance of making a Will and mistakenly believe, for example, that after their death, their assets will pass automatically to their spouse.

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Living Wills

It has long been established that competent individuals have the right to refuse medical treatment and the Courts have extended the right and held that a verbal advance refusal of medical treatment made by an informed patient of full capacity is binding in the absence of undue influence. Written advance directives in the form of "Living Wills" can provide that if the maker suffers any sufficiently grave physical illness or mental impairment and is no longer capable of expressing his wishes then medical treatment should be withheld or specific treatment given.

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The Scope of Enduring Powers of Attorney

An Enduring Power of Attorney is a legal document in which a person (the Donor) can give another (the Attorney) the power to deal with his property and financial affairs. It remains valid notwithstanding the mental incapacity of the Donor in contrast to a General Power of Attorney which is automatically revoked if the Donor becomes mentally incapable of managing his affairs. It has been possible to sign an Enduring Power of Attorney since March 1986.

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Duties of an Attorney

What are my duties as an attorney?

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Administering an Estate

At a time of bereavement you can rely upon Prettys solicitors to provide your family with sensitive and sympathetic advice about how best to conclude your affairs and optimise the net value of your estate.

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