Do I need Probate when Someone has Died?

Posted 14 August 2018 by Richard Tinkler

As a Solicitor specialising in the area of Private Client law, one question I am frequently asked by someone appointed as an executor of an estate is, “do I need a grant of probate?”    A grant of probate is a government-issued document allowing executor(s) appointed in a will to deal with the administration of the estate and collect estate assets.  Where there is no will, letters of administration can be issued to relatives entitled to inherit under the intestacy rules.  Both of these types of documents come under the heading of “grants of representa...

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Supreme Court decision in the case of Owens

Posted 14 August 2018 by Dawn Pennell

Dawn Pennell of Capron & Helliwell solicitors, considers the recent Supreme Court decision in the case of Owens In July 2017 I wrote about the Court of Appeal decision in this case and wondered whether permission would be sought to take the argument to the Supreme Court.  Well, more than a year on, the Supreme Court has considered it and on 25th July handed down its much anticipated judgement. Mr and Mrs Owens married in 1978, separated in early 2015 and have two adult children.  Mrs Owens wished to get divorced basing her Divorce Petition on her husband having behaved in su...

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Second Relationships

Posted 30 May 2018 by Dawn Pennell

Dawn Pennell, Associate at Capron & Helliwell solicitors, considers second relationshipsIn a feedback questionnaire a client said “stop me from ever getting married again”.  Although the comment was made in a humorous way there are steps which may be taken and ways of dealing with such situations which could minimise difficulties which may be encountered.  Divorce statistics suggest that over 40% of first, over 50% of second and over 70% of third marriages end in divorce which can be painful and stressful. A pre-nuptial agreement may not seem the most romantic way...

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10 Ways Writing Your Own Will can go Wrong

Posted 12 April 2018 by Richard Tinkler

I have written before about the importance of writing a Will, and about the dangers of writing a DIY Will.  In this article, I am going to mention just 10 things that can go wrong if you write your own Will.  Taking professional advice is important when writing such an important document.  Please note: this list is not exhaustive!   The Will may not cover funeral wishes.  Funeral wishes are not an absolutely essential clause and not having funeral wishes will not invalidate a Will per se but it is a sensible idea to include funeral wishes in a Will so as to mak...

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