Government Cohabitation Consultation and the Rules of Intestacy
A lot of couples in England and Wales are part of the fastest-growing family type by being cohabitants. Despite this, the law has not kept up with what is going on in society especially in terms of inheritance. The Government has announced a consultation proposing major reforms to cohabitation law including how estates are dealt with under the rules of intestacy.
What is intestacy?
Intestacy is what happens to your estate when you die and do not have a legally valid Will specifying what should happen to your assets. Your assets will pass under statutory law rather than by your personal wishes. Intestacy rules establish a hierarchy of heirs which prioritises spouse/civil partner, children, parents and other relatives.
What would happen to my estate under the rules of intestacy?
People often think that unmarried cohabiting couples have the same rights as married couples when it comes to inheritance, but this is not the case. The intestacy rules are strict in that only spouses and civil partners have automatic rights to inheritance whereas cohabiting couples stand to inherit nothing regardless of how long they have been together. An estate would pass to the next living relatives such as children, parents or other surviving relatives, under the existing rules of intestacy.
What issues can arise to unmarried cohabiting couples under the rules of intestacy?
Families can face unnecessary stress especially if a surviving partner has been left financially vulnerable or at risk of losing their family home by not inheriting their partner’s estate.
Claims can be made by the surviving cohabiting couple under the Inheritance (Provision for Family Dependants) Act 1975 but these all depend on the circumstances and are often costly, time-consuming and can be uncertain.
The Government is now recognising that the law does not relate to the modern family life of cohabiting couples and explicitly states that the current law can leave bereaved partners with no inheritance which can create an unfair outcome and hardship.
BREAKING NEWS: Government Moves to Strengthen Rights for Unmarried Couples
The Government has launched a long-awaited consultation on cohabitation rights which is an important step towards better protection for unmarried couples. For family lawyers, this reform is overdue.
What changes will the reform bring to the rules of intestacy?
The consultation is proposing to reform the intestacy rules by changing automatic inheritance rules to include qualifying cohabitants under an eligibility criterion such as couples having lived together for a minimum time period and/or having had a child together. They are looking to reduce the reliance on court claims which can be costly and provide more certainty to cohabiting families.
The proposals will form part of a broader change to cohabiting couples who are undergoing a separation, divorce and other family law areas.
These proposed changes will be a big change and a potential sigh of relief to a lot of cohabiting couples however, they do not take effect yet and are only under consultation. When the reform will be implemented is unknown and what changes and criteria it will introduce remain uncertain.
Our thoughts on the proposed changes
Tara Carrington-fletcher, Private Client Team at Thornton Jones says: “These proposed reforms are a positive step towards recognising modern family life and could provide much-needed protection for cohabiting couples. Until any changes become law, unmarried partners remain vulnerable under the rules of intestacy, making a professionally drafted Will the best way to safeguard loved ones.”
What steps can I take to protect a cohabiting partner?
Whilst cohabiting couples remain unprotected under the rules of intestacy, we strongly recommend that any cohabiting couples should consider making a Will to ensure that their estates pass to who they want it to go to.
Wills are very important documents that ensure that your assets pass how you want them to go. Not a lot of people consider the consequences of not having a Will and just automatically assume that under intestacy, their assets will pass where they want them to go to but, especially where cohabiting couples are concerned, this is not always the case.
When preparing Wills at Thornton Jones, we look not only at the distribution of your assets, but also the best way to make your estates tax efficient and assist with planning for the future. We ensure that all aspects of your estate are covered and provide the relevant advice for lifetime planning.
If you could benefit from having a Will prepared or have any queries about the process, please get in contact with us to arrange an initial appointment.
Need Advice About Cohabitation and the Rules of Intestacy?
If your partner has died without leaving a valid Will, understanding how the rules of intestacy apply to cohabiting couples can be particularly challenging. Unlike married couples and civil partners, unmarried partners do not automatically inherit under the rules of intestacy, regardless of how long they lived together or whether they shared children. Seeking legal advice as early as possible can help you understand your rights and explore the options available.
At Thornton Jones Solicitors, our experienced Wills, Trusts and Probate team can explain how the rules of intestacy apply to cohabiting couples and guide you through the estate administration process. We can assist by:
- Explaining how the rules of intestacy affect unmarried couples when there is no valid Will
- Advising whether you have any legal entitlement to inherit from an intestate estate
- Assessing whether you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975
- Assisting with applications for a Grant of Letters of Administration where appropriate
- Advising personal representatives and administrators on their legal duties when administering an intestate estate
- Providing guidance where there are disputes between surviving partners, family members, or other beneficiaries
- Advising on complex family circumstances, including blended families, jointly owned property, and financial dependency
- Helping you understand the steps you can take to protect your partner and loved ones through effective estate planning and professionally drafted Wills
- Offering clear, practical, and compassionate legal advice to help you navigate the probate process with confidence
The rules of intestacy can have a significant impact on who inherits an estate when someone dies without a valid Will. Obtaining timely legal advice can help you understand your rights and responsibilities, ensure the estate is administered correctly, and avoid unnecessary delays or disputes during the probate process.
Get in touch with our friendly and knowledgeable team today to discuss your options. You can call us on 01924 290 029 or contact us using our online enquiry form.
Rules of Intestacy FAQs
No. Under the current law in England and Wales, cohabiting partners do not automatically inherit if their partner dies without a valid Will, regardless of how long they have lived together. Only spouses and civil partners have automatic inheritance rights under the rules of intestacy. If you are not married or in a civil partnership, it is important to have a professionally drafted Will to ensure your partner is provided for.
Yes, in some circumstances. A surviving cohabiting partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on the deceased or had lived together as a couple for the required period before death. However, these claims can be complex, costly, and there is no guarantee of success.
The Government has launched a consultation considering reforms to the rules of intestacy. The proposals include allowing certain qualifying cohabiting partners to inherit automatically where specific eligibility criteria are met, such as living together for a minimum period or having children together. The aim is to better reflect modern family life and reduce the need for court claims.
No. The proposed reforms are currently under consultation and have not become law. This means the existing rules of intestacy continue to apply, and cohabiting partners still have no automatic right to inherit if their partner dies without a valid Will.
The most effective way to protect a cohabiting partner is by making a valid Will. A Will allows you to decide who should inherit your estate, rather than relying on the rules of intestacy. It also provides an opportunity to consider inheritance tax planning, appoint executors, and ensure your wishes are clearly recorded, giving greater certainty for your loved ones.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Wills and Probate Solicitors
Can I Gift My Property to My Children to Reduce My Liability for Care Home Fees And Inheritance Tax?
One of our most frequently asked questions is whether it is possible to gift your property to your children in order to mitigate any care home fee liability or inheritance tax liability that you/your estate may incur in the future.
There are a number of reasons why you may be considering gifting your home, such as love and affection for the recipients of the gift or wanting to ensure that your children have the security of homeownership. You may be thinking about the effect that becoming your carer will have on your relative and you may feel morally obliged to provide for that person during your lifetime, or to ensure that the ongoing maintenance of the property can be carried out if age or ill health means this is something you struggle with.
Some people simply wish to simplify their estate administration upon death to take the pressure of their loved ones at an already distressing time.
Many people believe that if they gift their property to their children it is no longer considered as one of their assets. This is not always correct.
For many people, their main residence is their biggest asset and therefore it is understandable why people would wish to protect and preserve that asset as far as possible.
Can I Gift My Property to Reduce Care Home Fees?
Gifting your property to reduce any potential care home fees you may be required to pay in the future is risky.
One risk to consider is whether such a gift will be considered to be a deliberate deprivation of assets.
A deliberate deprivation of assets is when a person intentionally reduces their assets in an attempt to avoid such assets being used to pay for care fees.
There is no set timescale after which such a gift will be disregarded by the local authority. Instead, the local authority will need to consider whether, at the time the gift of the property was made, you had a reasonable expectation that you may need care, and may need to pay for that care in the future.
If it is found that you have deliberately deprived yourself of an asset, the local authority can include the value of the asset in their financial assessment and this may lead to financial complications.
Another misconception is that if a property is placed into a trust, that it will be protected from care fees, however this can also be seen as a deliberate deprivation of assets and there are also other factors to be considered such as loss of control over the property and the taxation of trusts.
Can I Gift My Property to Reduce Inheritance Tax
Gifting your property to avoid inheritance tax is another issue that we receive lots of questions about. As the main residence is such an important asset, many people wish to “gift” it to their children, but remain living in it and using it as though they still own it.
This is called a gift with reservation of benefit. This is where a person transfers the ownership of an asset on paper, but they continue to derive the benefit of the asset for themselves, as the legal owner would be entitled to do.
HMRC has very stringent rules around gifts with reservation of benefit and such gifts cannot be used as a way to avoid inheritance tax.
One way in which you can gift your property to your children is to make the gift a true gift, this would involve relinquishing all benefit and control over the property. This would be done by moving out of the property and living elsewhere, or paying the full market rent to your children (the legal owners of the property). If the gifted property was not your main residence, relinquishing control may take the form of not receiving the rental income from the property. For many people, these options are not possible, nor desirable.
Gifting property can have implications on inheritance tax if the giftor passes away within 7 years of making the gift.
If you were to pass away within 7 years of gifting a property, the property (or part of it, depending on how much time had passed) would be treat as though you were still the legal owner at the time of your death, and depending on the value of your assets, this could push you into inheritance tax, or increase your existing inheritance tax liability. This is known as “notional capital.”
Marriage Maths: Should You Get Married to Save Inheritance Tax?
Although marriage is often seen as a personal commitment, it can also be a practical financial arrangement. This is especially true when considering inheritance tax. The legal distinction between married and unmarried couples has significant consequences when it comes to estate planning. This article examines whether entering into a marriage or civil partnership could be a strategic step to mitigate inheritance tax liabilities and safeguard assets for future generations.
Other Reasons to Exercise Caution When Gifting a Property
You should consider what would happen to the property if the person you gifted it to encountered financial difficulties. This could mean that the property would be swallowed up by creditors, and if you were intending to remain living there, you could potentially be left without a home.
Similar concerns arise if the recipient of the property went through a divorce, and the property was taken into account in the divorce settlement. There is the risk that the property could be lost to a former spouse of the person that you gifted your home to.
If the recipient is in receipt of means tested benefits, the receipt of a significant asset, such as a property, is likely to affect their entitlement to benefits and this may have a negative effect on the recipient’s quality of life/lifestyle affordability. It also may mean that the recipient has unintended stamp duty consequences (such as loss of any available first-time buyer incentives) should the recipient purchase a property of their own in the future.
There are other ways in which you can ensure that your property passes to your children upon your death, or that you can rely on assistance from those you trust to assist you with managing and maintaining your property.
Should you wish to discuss estate planning and lifetime gifting, please contact us and we will be happy to assist and advise you further.
Contact our Estate Planning Solicitors today for advice
At Thornton Jones Solicitors, our specialist Private Client team provides clear, practical advice on all aspects of estate planning.
We can assist you with:
- Drafting and updating your Will to ensure your wishes are clearly set out
- Advising on inheritance tax planning and ways to protect your estate for future generations
- Setting up and advising on trusts to manage and safeguard assets
- Preparing Lasting Powers of Attorney (LPAs) for health, welfare, and financial decisions
- Structuring your estate to support asset protection and efficient distribution
- Advising on the appointment and responsibilities of executors and trustees
- Reviewing your assets to ensure your estate is accurately recorded and properly organised
Estate planning can be complex, particularly where family circumstances, tax considerations, or asset structures require careful thought. Our team provides tailored legal advice to help you plan with confidence and clarity.
To speak to our friendly Estate Planning team, please call 01924 290 029 or contact us using our online enquiry form.
Estate Planning Solicitors FAQs
Gifting your property to your children is sometimes considered as a way to reduce care home fees, but it is not guaranteed to be effective and can carry significant legal risks. Local authorities may treat this as a deliberate deprivation of assets if they believe the gift was made to avoid care costs. At Thornton Jones Solicitors, our Estate Planning Solicitors can advise you on the safest and most appropriate ways to protect your assets. Contact us today for clear, tailored legal advice.
Gifting your property may reduce inheritance tax in some circumstances, but strict HMRC rules apply, including the “gift with reservation of benefit” and the 7-year rule. If you continue to benefit from the property, it may still be included in your estate for tax purposes. Thornton Jones Solicitors can help you understand the tax implications and structure your estate effectively. Speak to our Estate Planning team today to plan ahead with confidence.
There are several risks, including loss of control over the property, exposure to your children’s financial difficulties, divorce settlements, or benefit implications, and potential tax consequences. Once gifted, you may also lose legal ownership and security. At Thornton Jones Solicitors , we provide practical Estate Planning advice to help you make informed decisions that protect both you and your family. Get in touch with our solicitors today to discuss your options.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Estate Planning Solicitors
Deeds of Variation vs. Deeds of Disclaimer
A Simple Guide for Beneficiaries in England and Wales
When you inherit from someone’s estate, you may find that the original distribution does not reflect your personal wishes, family circumstances, or financial priorities. In England and Wales, beneficiaries can use two main tools to change what happens to their inheritance.
These two tools are known as a Deed of Variation and a Deed of Disclaimer. Although they may appear similar, they operate quite differently. In this guide we explain each option in straightforward language so that you can easily tell the difference between a Deed of Variation and a Deed of Disclaimer.
What Is a Deed of Variation?
A Deed of Variation allows a beneficiary of an estate to legally redirect all or part of their inheritance to someone else. The Will, or Intestacy Rules if there is no Will, remain unchanged, but the beneficiary alters how their personal share is distributed.
What are the Key Features of a Deed of Variation
- You may redirect all or part of your inheritance to any person or charity
- It must be completed within two years of the date of death for tax efficiency purposes
- Often used for Inheritance Tax (IHT) or Capital Gains Tax (CGT) planning
Common Reasons to Use a Deed of Variation
- To improve tax efficiency within the estate
- To support family members who were left out of the Will
- To correct imbalance or help maintain family harmony
- You want flexibility in how the estate is shared
- You want to reduce tax liability
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What Is a Deed of Disclaimer?
A Deed of Disclaimer allows a beneficiary of an estate to refuse their inheritance entirely. Once you disclaim, you do not receive the asset or funds and cannot decide who gets the inheritance. Instead, the inheritance reverts back to the estate and is distributed under the Will or Intestacy Rules, if there is no Will.
What are the Key Features of a Deed of Disclaimer?
- You must disclaim before accepting the gift
- You must disclaim the whole gift, not part of it
- You have no control over the new recipient
Common Reasons to Use a Deed of Disclaimer
- Avoiding assets that may bring financial or tax complications
- Allowing the estate to pass according to an original Will without your involvement
- You are happy for the Will or Intestacy Rules to determine who benefits from the inheritance
Can I Vary a Will After Someone Has Died?
Yes, it is possible to vary a Will after someone has died, and there are legal provisions that allow for this. This process is typically done using a Deed of Variation, which gives beneficiaries the ability to alter how the estate is distributed, even after the death of the individual who made the Will. Read more…
What are the Key Differences Between a Deed of Variation and Deed of Disclaimer?
There are some key differences between a Deed of Variation and a Deed of Disclaimer which are important to be aware of. The table below summarises the key differences and will help you identify the right solution for you and your situation. If you need further help understanding the difference and deciding which is the right option for you, you can call us on 01924 290 029 or contact us using our online enquiry form.
Contact our specialist Deed of Variation Solicitors today for Advice
At Thornton Jones Solicitors, our experienced private client team can guide you through every step of putting a Deed of Variation or Deed of Disclaimer in place by:
- Explaining the key differences between a Deed of Variation and a Deed of Disclaimer, and which option best suits your circumstances
- Advising on the legal and tax implications, including Inheritance Tax (IHT) and Capital Gains Tax (CGT) considerations
- Helping you understand your rights as a beneficiary and the level of control each option provides
- Preparing the legal documentation accurately and in compliance with all formal requirements
- Ensuring any Deed of Variation is completed within the relevant two-year timeframe for tax purposes
- Liaising with personal representatives and other beneficiaries where required
Deciding what to do with an inheritance is an important financial and personal decision. Whether you wish to redirect your entitlement or formally refuse it, obtaining the right legal advice ensures your interests are protected and the process is handled correctly.
Get in touch with our friendly and knowledgeable team today to discuss your options. You can call us on 01924 290 029 or contact us using our online enquiry form.
Deed of Variation and Deed of Disclaimer FAQs
While a solicitor is not legally required for either document, professional advice is strongly recommended. A Deed of Variation must contain specific tax statements and meet formal requirements to be valid, and both documents may have long-term financial consequences.
Yes. A Deed of Variation can be completed before or after a Grant of Probate or Letters of Administration, as long as it is within two years of the date of death for tax purposes.
No. A Disclaimer is a complete refusal of the gift, and you cannot control who receives it next. The estate is distributed according to the Will or Intestacy Rules as if you had died before the deceased.
Generally, no. Once a Disclaimer is validly made, especially once the personal representative(s) act on it, it is effectively final. Beneficiaries should seek advice before signing because Disclaimers cannot simply be revoked.
Yes. When completed within two years of death and containing the correct tax statements, a Variation can allow assets to be redirected in a more tax‑efficient way. This can help reduce Inheritance Tax or Capital Gains Tax exposure in some circumstances.
Yes. A Deed of Variation can involve multiple beneficiaries if more than one person wishes to redirect their inheritance. Each person only affects their own share, unless the changes impact others who must then consent.
A Disclaimer applies to the entire gift, whether assets or debts or liabilities are attached. If the inheritance involves responsibility you do not wish to take on, a Disclaimer may be appropriate, but take legal advice, as it may have unintended legal consequences.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Deed of Variation Solicitors
NS&I Bereavement Claims Error – Where has it all gone wrong?
NS&I is one of the largest savings organisations within the UK, and therefore the recent headlines of “missing savings” and “prizes withheld” are alarming for everyone, not least the bereaved families whose loved ones held accounts with government-backed NS&I.
What is NS&I?
Originally established as the Post Office Savings Bank, National Savings & Investments (NS&I) is a government-owned savings provider in the UK, best known for its Premium Bonds product. Rather than paying interest, Premium Bonds offer entry into monthly prize draws, with two £1 million prizes and a range of smaller awards.
What other types of savings products do NS&I offer?
NS&I also offers other savings products, including ISAs and Income Bonds, the latter providing monthly interest payments. All funds held with NS&I are backed by HM Treasury, meaning savers benefit from a government guarantee, offering greater protection than that typically available through banks and building societies.
With no high street branches, NS&I are only contactable remotely. Money earned from NS&I customers and through its savings accounts and bonds offerings are used to fund public spending, and all deposits are backed by the UK Government with no upper limit, unlike the FSCS offered by the majority of high street banks.
How Does an NS&I Bereavement Claim Work?
When someone dies, their executors (if there is a Will) or personal representatives (if there is not) are responsible for notifying NS&I of the death, usually by providing a death certificate and relevant estate details.
Once notified, NS&I will carry out checks to identify any accounts or investments held by the deceased, including Premium Bonds, savings certificates, ISAs and Income Bonds. This step is intended to ensure that all holdings are correctly located, even where accounts may have been opened many years earlier.
NS&I will then provide instructions on how the accounts can be closed and the funds released. This typically involves completing bereavement claim forms and supplying evidence of authority to act on behalf of the estate.
Is Probate always required?
Whether probate is required will depend on the value of the NS&I holdings and the wider estate. Smaller balances may be released without probate, whereas larger estates will usually require a grant of probate (or letters of administration) before funds can be encashed and distributed to beneficiaries.
An executor is the person (or people) appointed in a Will to deal with the administration of the deceased’s estate after their death. Their role is to ensure that the deceased’s wishes, as set out in the Will, are carried out properly.
This typically includes identifying and collecting assets, settling any debts and liabilities, dealing with tax affairs, and distributing the remaining estate to the beneficiaries named in the Will. Executors may also be required to apply for a grant of probate, which provides them with the legal authority to deal with certain assets, such as bank accounts or investments.
Executors carry significant legal responsibility and must act in the best interests of the estate and its beneficiaries throughout the administration process.
Personal representatives is the legal term used to describe the individuals responsible for administering a deceased person’s estate. This includes executors where there is a valid Will, or administrators where there is no Will (intestacy).
In practical terms, personal representatives carry out the same core duties: identifying and valuing the estate, collecting assets, paying any debts and taxes, and distributing the estate to the rightful beneficiaries. Where a Will exists, the named executors automatically become the personal representatives once probate is granted.
They are legally responsible for ensuring the estate is administered correctly and in accordance with either the Will or the rules of intestacy, depending on the circumstances.
What Has Gone Wrong with NS&I Bereavement Claims?
It has recently been revealed in the news that up to 37,500 bereavement claims have been affected due to NS&I having lost track of investments and withholding premium bond prizes from the families of their deceased customers. That said, work to identify the affected parties is still underway so the true scale of the tracing issue isn’t certain.
Despite this issue only recently making the headlines in March 2026, it has been reported that the problem was initially reported to Government ministers in December 2025.
NS&I have explained that there had been errors in identifying all deceased account holders NS&I accounts, which in turn meant that executors and personal representatives were not always repaid money from all of the deceased’s accounts despite lodging bereavement claims in the correct manner.
What Is Probate?
The word probate is used to describe the process involved in dealing with the administration of a person’s estate when they have died. Probate can also be used to describe the legal document giving authority to the person or persons to administer the deceased’s estate. Read more…
What is NS&I’s Response to Missing Savings and Withheld Premium Bond Prizes?
NS&I have now advised that the identification issue has been resolved and that stringent measures have been put in place to ensure that no such issues happen again. Although this is little comfort for those battling to get their money back.
NS&I have confirmed that most cases affected relate to bereavements from 2008 – 2025, and it is estimated that the money owed from NS&I to the affected deceased estates could be up to £476 million. NS&I have been criticised by the financial ombudsman for repeatedly stating that its figures were accurate and correct, with this insistence only serving to prolong the investigation.
To date, NS&I have hired new staff to assist with making contact with the affected families and they will publish details of how they will reimburse the “missing” funds. As NS&I is government backed, the funds are protected, however it is likely to take some time for NS&I to reconcile the funds with the correct people.
What are the Tax Implications and What Should Affected Families Should Consider?
Where missing NS&I funds are later identified and returned to an estate, this can have knock-on tax consequences that executors and personal representatives will need to consider. Although the recovery of assets is beneficial, it may increase the overall value of the estate and affect its tax position retrospectively.
In particular, inheritance tax (IHT) may need to be reassessed if the additional funds change the estate’s total value. This could result in further tax becoming payable or require amendments to previously submitted IHT accounts to HMRC.
There may also be capital gains tax (CGT) considerations depending on how the estate has been administered, particularly where assets have been sold or invested during the administration period. In addition, any interest or compensation paid alongside the returned funds may itself have tax implications.
Given the complexity, executors may wish to seek professional advice to ensure the estate is correctly reported and any tax liabilities are properly addressed.
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Do You Need to Take Action on an NS&I Bereavement Claim?
NS&I has confirmed that it is working to identify and contact affected estates in relation to the bereavement claims issue and any missing or unallocated savings. Where an estate is impacted, NS&I will contact executors or personal representatives directly with details of any funds due and how these will be returned.
NS&I has also advised that it is not necessary to use claims management companies, as this is unlikely to speed up the process and may result in avoidable costs.
However, executors should still ensure that all NS&I assets have been properly included in the estate administration. Where there is uncertainty or concern about missing funds, legal advice may be helpful to ensure the estate is fully and correctly administered.
Contact our Wills & Probate Solicitors today for Advice
At Thornton Jones Solicitors, our specialist Private Client and Wills & Probate team advises individuals, executors and families dealing with estate administration issues, including complex bereavement claims involving financial institutions such as NS&I.
We can assist you by:
- Advising on your duties as an executor or personal representative
- Helping you trace and identify missing assets within an estate, including NS&I savings and Premium Bonds
- Guiding you through the probate process where required
- Assisting with correspondence and claims to financial institutions
- Advising on delays, discrepancies, or missing funds in estate administration
- Supporting you with any tax considerations arising from delayed or additional estate assets
Dealing with an estate can be complex, particularly where assets are missing, delayed or incorrectly recorded. If you are concerned about NS&I bereavement claims or believe an estate may be owed funds, our team can provide clear, practical legal advice tailored to your circumstances.
To speak to our friendly Wills & Probate team, please call 01924 290 029 or contact us using our online enquiry form.
Wills and Probate Solicitors FAQs
If you believe funds may be missing, you should first ensure that a bereavement claim has been properly submitted to NS&I. If this has already been done, it is advisable to wait for NS&I to contact you, as they have confirmed they are proactively identifying affected cases.
If you remain concerned, executors or personal representatives can contact NS&I directly to request a review of the deceased’s accounts and confirm whether all funds have been accounted for.
NS&I offers a tracing service as part of its bereavement process. Executors or personal representatives can submit details of the deceased, and NS&I will attempt to locate any accounts or investments held in their name.
This is particularly important where paperwork is incomplete or where the deceased held Premium Bonds or older savings products.
Not always. Whether a grant of probate is required depends on the value of the assets held with NS&I. For lower-value holdings, NS&I may release funds without a grant. However, for larger estates, probate is usually required before funds can be encashed and distributed.
NS&I has stated that it is working to identify affected customers and will contact families directly where issues are found. However, given the scale of the problem and the time period involved, executors may wish to be proactive if they suspect something has been missed.
In addition to the return of any missing funds, affected estates may be entitled to interest and, in some cases, compensation. The exact amount will depend on the circumstances, including how long the funds were outstanding and whether there has been any financial loss as a result of the delay.
Yes. Premium Bonds remain eligible for prize draws for a period after death (usually up to 12 months), provided the funds have not yet been encashed. Any prizes won during this time should form part of the deceased’s estate and be payable to the beneficiaries.
Potentially, yes. If additional funds are later identified and returned to the estate, this could impact the overall value of the estate for inheritance tax purposes. This may require the personal representatives to revisit earlier tax calculations and, in some cases, submit corrective information to HMRC.
Not necessarily. NS&I has indicated that families do not need to use claims management companies, and many straightforward cases can be handled by executors directly. However, legal advice may be helpful where there are complications—such as missing funds, tax implications, or disputes between beneficiaries.
There is no fixed timeframe. Given the number of potentially affected cases, it may take some time for NS&I to investigate and reconcile all accounts. Executors should be prepared for delays, particularly in more complex cases or where older accounts are involved.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Wills & Probate Solicitors
Marriage Maths: Should You Get Married to Save Inheritance Tax?
Although marriage is often seen as a personal commitment, it can also be a practical financial arrangement. This is especially true when considering inheritance tax.
The legal distinction between married and unmarried couples has significant consequences when it comes to estate planning. This article examines whether entering into a marriage or civil partnership could be a strategic step to mitigate inheritance tax liabilities and safeguard assets for future generations.
What is Inheritance Tax?
Inheritance tax is a tax on the estate, which includes property, money, and possessions, of someone who has died. In the UK, it is usually charged at 40% on the estate’s value above the £325,000 threshold. This threshold is called the nil-rate band. An additional allowance of £175,000 may apply if you leave your main residence to direct descendants. This is known as the Main Residence Nil Rate Band and applies only if certain conditions are met.
Inheritance Tax for Married Couples and Civil Partners
Everything you leave to your spouse has the benefit of 100% spousal exemption from paying inheritance tax, regardless of value.
Any unused tax free allowance can be transferred to your spouse when you die – therefore if you leave everything to each other when you die on second death you potentially have doubled the threshold to £650,000.
When leaving the family home to children or grandchildren on second death, a married couple has a combined main residence nil-rate band of £350,000, which provides for a total potential tax-free estate of up to £1 million.
Inheritance Tax for Cohabiting Couples
If you’re in a long-term relationship, sharing a home, finances, and possibly raising children together, you might assume your legal and financial standing mirrors that of a married couple. When it comes to inheritance tax, cohabiting couples are treated very differently, and often to their detriment.
Unlike married couples, your partner may not receive anything automatically from your estate unless you name them explicitly in your Will. Even married couples are advised to make Wills. This is because there is no guarantee that a person’s entire estate passes to their spouse. It depends on family circumstances and the value of the estate.
Even if you have completed a Will and the surviving partner inherits everything the main residence nil rate band isn’t then available on their death This means they would be charged inheritance tax on anything above threshold.
Without marriage, the surviving partner can’t inherit unused tax-free allowances, unlike spouses.
That means if you leave your entire estate to your partner and you’re not married, or in a civil partnership, there could be a hefty tax bill. This could potentially mean assets like the family home might have to be sold to pay it.
In other words, married couples can pass on wealth much more efficiently as the exemptions available to them do not apply to long-term cohabiting partners, no matter how committed or interdependent they are.
If I am excluded from a Will, what can a Court award me under the Inheritance (Provision for Family and Dependants) Act 1975 Act?
A blog by Stacie Hurt.
Once the Court has considered all the various relevant factors to an applicant’s 1975 Act claim, the Court could conclude that they believe that the Will or Intestacy Rules does make “reasonable financial provision” for the applicant, and the applicant could lose their claim (and potentially be liable for the other sides costs, as well as their own).
Is Marriage a Smart Financial Strategy?
If your main concern is safeguarding your estate and reducing tax liabilities for your partner and children, marriage may offer significant financial protection. Many families now consider asset protection as part of their estate planning. Including common methods, such as trusts relating to your property, within your will can create tax traps for unmarried couples. This means some options may not be available to you. As a result, your estate might lack the protection you want when balancing provision for a partner and the next generation.
However, Marriage is a legal contract with implications for property, debt, and future inheritance. If the relationship breaks down, divorce can be financially and emotionally draining and assets are more difficult to separate. Solicitors specialising in divorce and those specialising in probate matters will have very different and often opposing views on the merits of marriage.
It may also feel uncomfortable/unromantic marrying primarily for tax reasons.
Inheritance Tax FAQs
Yes. Marriage allows spouses to transfer any unused inheritance tax allowances to each other upon death. This means the surviving spouse can potentially inherit up to twice the individual tax-free threshold before inheritance tax applies, significantly reducing the overall tax liability on the estate.
Civil partners receive the same inheritance tax benefits as married couples. They benefit from a 100% exemption on assets passed between partners and can transfer any unused nil-rate band allowance to the surviving partner, unlike unmarried couples who don’t receive these protections under current law.
Cohabiting couples without marriage or civil partnership do not benefit from spousal exemptions or the ability to transfer unused allowances. Therefore, they could face inheritance tax bills and the death of the first of them, which may result in assets needing to be sold to cover the tax a consideration not faced by married couples.
The nil-rate band is the amount—currently £325,000—that an individual can pass on without paying inheritance tax. Married couples can combine their individual nil-rate bands, meaning a combined threshold of up to £650,000 can be passed on tax-free, helping to protect more of their estate from inheritance tax.
Yes. The Main Residence Nil Rate Band offers an additional allowance, currently up to £175,000, when a main home is left to direct descendants such as children or grandchildren. This allowance is added to the standard nil-rate band, further reducing the taxable value of the estate.
Should I buy a hat?
In conclusion, getting married for Inheritance Tax savings can be worth it if it aligns with your personal and legal goals. For committed couples who already share their lives and assets it can provide protection and peace of mind. But marriage is more than a tax decision. Before making this decision discuss this with your advisors (both legal and financial) and ultimately decide if it works for you on a personal level.
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Need help making a Will?
If you are looking to make a Will, or perhaps you already have a Will and wish to update it, then we can help. Our team of skilled, experienced, and regulated Solicitors can guide you through the process ensuring that your wishes are properly documented. For more information and to make an appointment just contact us at any of our offices.
The content of this blog post is for information only. It does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
What Are The Risks of Using Unregulated Will Writers in the UK?
Making a Will is a vital step in ensuring that your assets are passed on according to your wishes and that your loved ones are taken care of after you’re gone. However, an increasing number of people are turning to unregulated Will writers, often drawn in by low fees, promises of simplicity, and sometimes even the offer of a free gift!
Unfortunately, it is our experience that using an unregulated Will writer can lead to complications that costs your Estate more in the long run than if a regulated Will writer, like a solicitor, had been engaged in the first place. There is also added burden and stress on your loved ones.
The Hidden Costs and Executors You Didn’t Expect
We have seen many cases where a person wishing to make a Will, who may have been drawn in to using an unregulated provider by low fees for the drafting stage, unknowingly appoint the Will writer as Executor and Trustee, and thereby allowing them to charge, quite often, substantial fees for this subsequent work. It is often not until the Will maker passes away that family members discover an unknown person and more importantly, an unregulated person, has been given the responsibility of obtaining Probate and administering their Estate, often charging excessive fees to the Estate for doing so (even in straightforward Estates).
We have had two cases recently which involved the Will maker having to agree to pay unregulated Will writers in excess of £10,000 on both occasions, just to gain their agreement to ‘step down’ and let those directly entitled to the money have the right to administer the Estates themselves.
In this blog, we’ll explore the common problems associated with unregulated Will writers, the risks they pose, and how to make informed choices when drafting your own Will.
A Lack of Regulation and Oversight
Unlike Solicitors and other regulated professionals, unregulated Will writers operate without any mandatory industry oversight. This means they aren’t bound by the same standards or codes of conduct that regulated professionals, like Solicitors via the Solicitors Regulation Authority (SRA), must follow.
Potential Risks of Using an Unregulated Will Writing Service:
- No Standard Qualifications Required: Unregulated Will writers don’t need formal legal training or accreditation, so their level of expertise can vary widely.
- No Professional Oversight: Without a regulatory body like the SRA, there’s no way to ensure that unregulated Will writers follow best practices or stay updated with legal changes.
- Risk of Financial Loss: Errors in a Will can lead to legal disputes, tax issues, and other costly problems that reduce the value of your Estate.
- Limited Recourse for Complaints: If an unregulated Will writer makes a mistake, you can’t report them to a professional body, and your options for addressing issues are usually limited.
In the recent case of Tedford v Clarke & Ors (2025) EWHC 816 (Ch), the dangers associated with engaging unqualified Will writers was highlighted. Judge HHJ Cadwallader delivered an unusually direct warning stating that this case: “demonstrates the perils of trying to save expense by using the services of unqualified persons to write Wills.” It reinforces the importance of seeking expert legal advice when drafting Wills to avoid costly disputes and complications down the line.
Stacie Hurt – Head of Contentious Probate and Litigation
Insufficient Knowledge of Laws and Taxation
Inheritance laws, tax regulations, and estate planning nuances are complex, and they change over time. Unregulated Will writers may lack the depth of knowledge and legal expertise required to draft legally sound Wills that account for these details.
Potential Risks of Using an Unregulated Will Writing Service:
- Failure to Address Inheritance Tax (IHT): An unregulated Will writer might not have a full understanding of the relevant inheritance tax laws, leading to missed opportunities to reduce tax liabilities. This could result in a large portion of your Estate being lost to taxes, leaving less for the Beneficiaries of your Will.
- Inadequate Planning for Complex Assets: If your Estate includes business interests, international assets, or valuable property, an unregulated Will writer may not understand how to properly structure your Will, leaving your Estate vulnerable to legal challenges.
- Lengthy and Costly Legal Battles: If your Will is poorly drafted, family members may need to seek Court intervention, increasing both the cost and duration of Probate.
Poor Document Security and Storage
After your Will is written, secure storage is essential to ensure it’s protected from loss, damage, or tampering. Professional and regulated Will services typically include safe storage options, but unregulated Will writers may not offer a reliable storage solutions, or if they do, they are likely to charge significant sums for doing so.
Potential Risks of Using an Unregulated Will Writing Service:
- Risk of Loss or Damage: Without secure storage, your Will may be lost, misplaced, or damaged, especially if it’s kept in an unsecured location.
- Difficulty Retrieving the Will: Executors might face challenges locating or accessing the Will, delaying the probate process, Estate administration and distribution of assets.
A Lack of Transparency in Costs and Services
Unregulated Will writers might offer low-cost services upfront, but fees tend to add up quickly after the initial service is completed, and those fees are usually post-death when you are no longer here, but your family and loved ones are left to navigate and negotiate them.
Potential Risks of Using an Unregulated Will Writing Service:
- Hidden Fees for Additional Services: Many unregulated Will writers charge extra for necessary services, like updates or secure storage, that are often included in regulated service providers.
- Financial Strain on Estate Beneficiaries: Hidden costs may become the responsibility of your Estate and could reduce the overall inheritance left to your loved ones. This is something we see all too often, particularly where the unregulated Will writer appoints their own/linked firm as Executor of your Estate.
- Reluctance to Disclose Cost Information To Beneficiaries (Post-Death): This is something we have seen happen regularly, whereas Solicitors are required to keep Beneficiaries fully informed about costs under the Solicitors Act 1974 and in light of the recent case of Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15.
Why Choosing a Regulated Professional Can Help in Protecting Your Will and Your Legacy
When selecting a Will writer, choosing a regulated professional is key to ensuring the accuracy, security, and legal compliance of your Will. Here’s how to make sure you’re working with the right provider:
- Verify Professional Accreditation: Look for Solicitors or Will writers who are members of accredited bodies, such as the Solicitors Regulation Authority (SRA), the Society of Trust and Estate Practitioners (STEP), or the Institute of Professional Will writers (IPW).
- Confirm Professional Indemnity Insurance: Regulated professionals are required to have insurance to protect you if mistakes occur.
- Check for Secure Storage Services: Many reputable Will writers and Solicitors offer secure storage, ensuring your Will is protected and accessible when needed.
- Ensure Transparency in Costs: Regulated Will writers provide clear information about initial upfront fees for the Will but also, any additional costs for services such as updates, estate planning or fees for acting as Executor and Trustee of your Estate once you have passed away.
- Request Comprehensive Estate Planning: Regulated professionals can assist with tax planning, trusts, and complex assets, ensuring your Will aligns with your full Estate plan.
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Final Thoughts on the Risks of Using an Unregulated Will Writer
Using an unregulated Will writer may seem convenient and cheaper than using a Solicitor initially, but we firmly believe that the risks do often outweigh the potential savings. Choosing a regulated and qualified professional helps to safeguard your legacy, support your loved ones, and avoid potential legal complications. By working with a trusted provider, you can have peace of mind knowing that your Will is legally sound, securely stored, and aligns with your final wishes and a Solicitor is regulated by the SRA who also keeps records of where files and documents go when firms close down etc.
The Real Dangers of Unregulated Will Writing Services
When obtaining and paying for legal documents, it can seem to many as an unnecessary expense. With the advent of online ‘quick Wills’ and standard pre-printed packs, many people question why they should go to the expense of instructing a Solicitor.
A Blog by Amanda Gait
A Beneficiary is a person or an organisation who receives money, property, or other gifts from someone’s Estate after they pass away, as set out in their Will.
Yes, anyone can write a Will, but doing so without legal knowledge can lead to errors. It’s strongly advised to use a regulated professional, such as a Solicitor, to ensure the Will is legally valid and effective.
Unregulated Will writers may lack legal training, are not professionally overseen, and could charge hidden fees. This can lead to disputes, tax issues, or delays in administering your Estate.
Check if they are authorised by a recognised body like the Solicitors Regulation Authority (SRA), STEP, or the Institute of Professional Will Writers (IPW). Regulated professionals must also hold professional indemnity insurance.
Need help making a Will?
If you are looking to make a Will, or perhaps you already have a Will and wish to update it, then we can help. Our team of skilled, experienced, and regulated Solicitors can guide you through the process ensuring that your wishes are properly documented. For more information and to make an appointment just contact us at any of our offices.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
The Wanted’s Max George’s “Panic Will” – Why Writing a Will in a Hurry Could Cause You Problems
Recently, there has been a lot of news coverage on the story that Max George (who is most commonly known for being a member of the boyband The Wanted), wrote a Will on his mobile phone moments before undergoing heart surgery. While this action may have been made in a moment of panic or fear, it raises an important legal question: Is a hastily written Will like Max’s legally valid?
At first glance, writing a Will on a mobile phone may seem like a practical and quick solution especially in difficult circumstances. After all, we live in a digital age where we can complete almost any task via our phones in an instant. However, under the Law of England and Wales there are validity rules in place that govern when a Will is legally binding, and unfortunately, more often than not those written hastily without proper legal consideration are likely to fall short of these validity requirements.
A valid Will must be in writing and signed in the presence of two independent witnesses who must also sign the document in the presence of the person who is making the Will (also known as the testator).
The Risks of a Panic Will
While it’s understandable that in moments of uncertainty, such as before an operation, individuals may feel the need to make quick decisions about their estate, the reality is that a “panic Will” can cause more harm than good. A hastily written document, whether on a mobile phone, napkin, or piece of scrap paper, is prone to errors or misunderstandings about the testator’s true wishes and the legal principles that surround Will preparation.
In Max George’s case, it’s crucial to note that a note typed on your phone (or any informal record) is unlikely to meet the formal requirements of a valid Will.
BLOG: What Happens if my Will is Found to be Invalid
Making a Will is one of those tasks that often gets overlooked, however the importance of having a Will is clear. Without a Will, your assets will be distributed following the rules of intestacy which might mean that your assets are passed to someone who you may not have chosen. However, whilst having a Will is important, having a valid Will is paramount!
A Blog by Joanne Gibson
What Happens If a Will Is Invalid?
If a Will does not meet the legal requirements, it will not be valid. In such cases, the estate may be dealt with according to the Intestacy Rules, where the law will determine who inherits from your estate, when you die without a valid Will in place. The rules may not reflect the individual’s wishes, as the intestacy rules do not make provision for unmarried partners or step-children and potentially other important people in a testator’s life.
Additionally, if there is any dispute over the validity of a “panic Will,” it could result in costly and lengthy legal battles for the estate and beneficiaries.
What Can You Do to Avoid a “Panic Will”?
To ensure that your wishes are fully respected, it’s always best to consult with a qualified solicitor when drafting your Will. A solicitor will ensure that all legal requirements are met, your testamentary wishes are discussed, and advice given to your specific circumstances and that your Will is properly executed.
As a team at Thornton Jones, we are always happy to discuss with our clients how we can alleviate any immediate worry or concerns by attending on clients not just at our offices but also in their homes or even at their hospital bedsides to make a Will. Especially if it needs to be done urgently, if sadly, a client is close to passing away. Putting in place a Will is such an important job at a critically important time. So if you ever find yourself in a situation where you need to update your Will in a hurry (such as before an operation), it’s crucial that you don’t rely on informal methods like mobile phones or handwritten notes without witnesses. Instead, try to contact a solicitor or legal advisor who can help you make sure that any Will or amendments to an existing Will are legally sound and don’t fall short of the validity requirements.
Conclusion
Max George’s decision to write a Will on his mobile phone in a moment of stress highlights a growing trend where people look for quick fixes for complex legal issues. However, it’s important to remember that Wills are not something to be rushed without professional legal advice.
A legally valid Will is so much more than a document, it is peace of mind.
The Rules of Intestacy determine how a person’s estate is distributed if they die without a valid will. Under these rules, only spouses, civil partners, and close relatives (children, grandchildren, parents, and siblings) can inherit. Unmarried partners and friends are not entitled to anything. The specific distribution depends on the size of the estate and the surviving relatives.
A will must be witnessed by two independent adults who are present when the will is signed. Witnesses must not be beneficiaries or the spouse/civil partner of a beneficiary; otherwise, they forfeit their inheritance under the will. The witnesses must be over 18 and of sound mind.
To avoid mistakes, it’s advisable to seek professional legal advice when drafting your Will. A solicitor experienced in Will writing can ensure the document is legally sound and clearly expresses your intentions. They will ensure the necessary formalities are met, such as proper witnessing, and that the language used is clear and unambiguous. Additionally, regular reviews and updates of your Will are important, especially when there are significant life changes, such as marriage, divorce, or the birth of children.
Want to make a Will? Call us today.
Our team at Thornton Jones is here to assist. If you need help and advice with making or updating a Will then call us today.
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Yorkshire Law Firm Warns: Be careful where you get your legal advice from
We have had a flurry of clients recently, who have been given “advice” about Wills, Trusts and Probate by individuals who are not solicitors or indeed any other qualified professional with knowledge and experience of the law around these important issues.
This leads us to ask, where are you getting your information from about these very important matters? From social media? From friends? From your bank? If the advice you receive is from anyone other than a specialist in Wills and Probate Law, then we advise you to be very cautious about following such advice. It may not be correct, or could be incomplete.
Who can best advise me on Wills, Trusts, and Probate matters?
Anyone can advise you, and you can of course get your information from whatever source you choose. However, if the person you are taking advice from is not a qualified solicitor, or other qualified legal professional with experience of Wills and Probate, then you should ask yourself why are they the person you have chosen to seek or accept advice from as opposed to a professional.
Where have they got their information from? Did they get the information from a reliable source with sufficient expertise?
Two recent examples of clients being incorrectly told they either do, or do not, need Wills are:
EXAMPLE 1: Single man, one sister, two nieces and a nephew. His friends told him, very authoritatively, that he needed a Will because he wasn’t married and didn’t have children so the government would get his estate when he died.
This advice is incorrect. Depending on who is alive at the time of his death, his estate will go either to his sister or his nieces and nephew, or their children. The list of people who are entitled to inherit someone’s estate when they die without a Will is a long one and the estate only goes to the Crown in very rare circumstances.
EXAMPLE 2: Couple, with children and grandchildren. Told by an employee at their bank that they don’t need Wills because their accounts at that bank are joint accounts.
Whilst it may be the case that these joint bank accounts will pass to the survivor on the first death, this “advice” does not consider any of the couple’s other assets, Inheritance Tax issues, or what they want to happen on the second death. It may be that after one of them dies, the survivor then makes a Will – but what if they have lost capacity in the meantime? The employee at the bank has no legal qualifications or experience and should not be advising clients on legal matters.
In both cases, the information that the clients have been given was incorrect or incomplete and so they were proceeding on the basis of the wrong advice.
Do I need a Will?
If you are over 18 years old and own anything at all, then in short, yes you do! It is possible that the Intestacy Rules will do exactly what you would want, but this is very rare and, in any event, do you know for sure what happens to your estate if you die without a Will?
Although generally speaking you must be age 18 and over to make a Will, there is an exception for those who enter the Armed Forces. It is essential for those who enter the Armed Forces, irrespective of age, for the service personnel and their spouse to have a Will in place. This means that you can have a Will at age 16 and 17 if you are in the Armed Forces.
What are the Rules of Intestacy?
I’m going to start by saying how important it is to ensure that you have a Will in place. Unfortunately, sometimes our loved ones put this off, believing it to be onerous, or not appreciating that the inevitable is sooner than they thought.
We would always advise carrying out a Will search before assuming an estate is intestate. This can be done by undertaking a search of the National Wills Register.
If you are certain that there is no valid Will, that persons estate will fall under the Rules of Intestacy. This is the law that dictates who is to inherit and indeed, who is entitled to administer the estate.
A blog by Melita Roberts, Associate Solicitor.
What happens if I don’t have a Will?
The main risk of taking advice about your Will from someone who is not qualified to give that advice, is that your wishes won’t be met when you die.
If you do not have a Will in place, which is valid and up to date, then when you die the Intestacy Rules, or an old Will that no longer meets your wishes, will decide what happens to your estate after your death.
This means that either the people you want to inherit might miss out, or those you do not want to inherit might get everything. Why leave this up to chance?
Are Wills complicated?
This entirely depends on your circumstances and wishes.
For many people, a straightforward Will that sets out their chosen Executors (the people who will deal with the estate), funeral wishes and beneficiaries is sufficient to meet with their wishes.
Sometimes, you may want a Trust, advice on business assets, to leave a large number of gifts, or divide your estate in a complex way. Whilst these Wills are more complicated, your solicitor should explain everything to you in terms you understand before you sign the Will.
Whether or not you need a more complex Will is something that your solicitor can discuss with you, but don’t let concern about this stop you from making that first appointment to talk about your Will!
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
What Gifts Can I Make as an Attorney?
This is a question we are asked regularly by people who have been appointed as Attorneys under an Enduring Power of Attorney, or Lasting Power of Attorney and who are looking for some guidance on their role and responsibilities.
It can be a complex area and cause confusion, so here we hope to give some clarity on what you can and cannot do in terms of making gifts from the Donor’s money.
Can I make a gift to the Donor?
The Donor is the person who has made the Power of Attorney.
Buying things, or paying for services, for them is not “gifting” it is simply using their own money for their own benefit and this is 100% what you should be doing as their Attorney.
Provided that the purchase is in the best interests of the Donor, there are no restrictions on the amount of this type of spending.
Can I make a gift to family members?
There are fixed rules around gifts to family members and these are set out at section 12 of the Mental Capacity Act 2005.
This legislation gives details of the few limited occasions on which you may make gifts to family members on the Donor’s behalf. These are:
- Birthday
- Marriage
- Civil Partnership
- Other occasion on which presents are customarily given within families. This may include for instance religious festivals.
On these occasions, you can only make gifts which are considered “reasonable” in the circumstances and in particular, reasonable in relation to the Donor’s estate. This means that if someone’s assets are in the millions, then a larger gift would be permitted than if their assets were in the thousands.
Can I make gifts to myself?
Attorneys can make gifts to themselves on the occasions set out above, but be wary of doing this – your decision to do so might be challenged. As an Attorney, you must make sure that you are always doing what is best for the Donor and be able to justify your decisions and actions to the Office of the Public Guardian at any time.
No other gifts to an Attorney are permitted. For instance, you cannot under any circumstances transfer the Donor’s house to yourself, even if this is something that they suggested themselves before they lost capacity.
If you are in any doubt about whether a gift to yourself is appropriate you can seek a one-off decision from the Court of Protection about this.
Can I make gifts to charity?
Yes. If the Donor had a habit of donating to charity regularly – e.g. via a monthly direct debit, by annual sponsorship of an event (such as Race for Life) or weekly at church services – then you are permitted to continue these donations on the Donor’s behalf.
Again, you must ensure that the gifts being made are reasonable.
What is a reasonable gift?
The amount of the gift on any of the permitted occasions must be reasonable in view of the Donor’s estate at the time the gift is made.
This means that just because 10 years ago they were able to gift £1,000 every month to family and charities, it doesn’t mean they will be able to do so now. You must therefore consider the Donor’s financial position every time you make a gift to anyone, regardless of what the Donor may have done in the past.
You cannot simply continue with the same gift as the Donor used to make without any further thought.
What if my Co-Attorney is making gifts I don’t agree with?
If you are appointed with another person to act as Attorneys on a joint and several basis, then your co-Attorney is able to make decisions without your input or agreement.
If you are worried that your co-Attorney is making gifts that are not reasonable, not in line with the Mental Capacity Act 2005’s rules or which are of concern in any way then your first step should be:
Either speak to your co-Attorney if you are comfortable doing so, to explain why you’re concerned. Communication is key and it may be that they were not aware that they were doing anything wrong and a simple chat can sort it all out.
Or, if you feel unable to have a conversation with your co-Attorney about your concerns, or you have done so and it has not been helpful, then contact the Office of the Public Guardian on 0300 456 0300 and ask them for some general guidance on how to deal with the situation. You can do this without formally reporting things to them, or giving them any details of the Donor, yourself or your co-Attorney.
If you remain concerned after doing this, then you can formally report your concerns to the Office of the Public Guardian by completing their form at (www.gov.uk/guidance/report-a-concern) or calling the same number quoted above and they will consider and investigate your concerns.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
