Wills & Probate
© InHouse Wills
Local Authority confirms the place of Home Protection Trusts
(2nd December 2011) In a letter to the Institute of Professional Willwriters, Doncaster Trading Standards department confirmed that there are genuine reasons for considering trusts, to protect family assets. They warned against those companies that are flouting relevant legislation to advertise the trusts as being mainly for avoiding payment of care fees. However they confirmed that there are other good reasons for having a trust, and also that avoidance of care fees can then be an additional side benefit.
This letter confirms the approach taken by InHouse Wills. We look at all aspects of our client’s estate planning and only recommend a trust where it can bring real benefit to the client and their family for generations to come. If one of the benefits is a reduction in the care fees that clients have to pay in the near future, then so much the better.
InHouse is part of unique “Funeral Fayre”
(6th September 2011) In what seems to be the first event of its kind in the area, local Leicester independent funeral director Paul Pender has organised a unique “Funeral Fayre”. The billing suggests:-
“Why not come along and find out everything you wanted to know about funerals but were afraid to ask”
Institute of Professional Willwriters (IPW)
welcomes recommendation to regulate Will writing
(14th July 2011) The IPW has welcomed today’s report by the Legal Services Consumer Panel to recommend that Will writing services in England and Wales should be regulated. The recommendation follows a 10 month investigation into the provision of Will writing and related services which included mystery shopping and interviews with consumers who had recently made their Will. Read more
Dilnot Commission report still leaves homes and money at risk
(4th July 2011) The recent report by the Dilnot Commission looked how social care might be funded in future. It suggests a cap on care fees at a ‘mere’ £35,000. Even if the report is ever implemented it still leaves families at risk of losing a significant inheritance to care fees - and of losing even more to other risks. Even if this cap is accepted, there is still potential for individuals having to pay their own “hotel costs” i.e. paying for board and lodging on top of these capped care costs.
Of course this is only a report, with non-binding suggestions and recommendations. It will be for the government to decide if to implement any of these, in whatever form they choose and in whatever timescale they think they can afford. Thankfully a Home Protection Trust can still protect your house (and savings) for your family.
News and Updates
Latest stories and items of interest for Will writing, Probate and related matters. If you have a news item that might be of interest to others, let us know.
Law Commission looks at changing rules of Intestacy
(9th January 2012) Last month the Law Commission published a report looking at updating the rules of Intestacy (i.e. inheritance rules when you die without a Will). Their recommendations include some simplification of the rules and also strengthening the inheritance position of the surviving spouse (or civil partner). More controversially they suggested giving enhanced rights to a surviving cohabitant (i.e. unmarried partner), with these rights to kick in after a period of living together.
The commission has published 2 drafts Bills that could implement these changes. However, at this stage there is no firm timetable for these even being considered by Parliament. It remains the case that to be certain about the inheritance you leave behind and to protect your family having an appropriate Will is still very important.
BBC’s “ONE SHOW” looks at Will writing
(12th January 2012) Earlier this week the BBC’s “ONE SHOW” had an item on writing a Will. It featured an example of a couple being let down and losing a significant amount of money, to an unscrupulous Will writer who never delivered the promised service.
At InHouse Wills we never ask for payment until we have delivered the documents to you and you are happy with them. And just in case there were to be a problem later on, as members of the IPW we have to maintain appropriate Professional Indemnity Insurance so that the problem could be sorted out.
Interestingly, the One Show also commented about using a solicitor to do a Will - pointing out that not all solicitors have appropriate training in this aspect of the law. This is something that the experience of some InHouse clients has shown in the past.