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Welcome to the Thornton Jones Solicitors Blog

Welcome to the Thornton Jones Solicitors Blog. Here you will find all our Blogs on topics covering all the services we offer.

Must I Consider my Beneficiary's Circumstances When Making A Will?

Joanne Gibson
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It is safe to say that when we consider including a beneficiary in our Will, we do so with the intention of wanting that person to benefit in some way from our estate when we have died. However, it is extremely important to consider the personal...

What Is Probate

Joanne Gibson
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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...

What Does The Kenig Case Mean For Estate Administration Costs And Best Practice?

Lynsey Bashforth
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The recent case of  Kenig v Thomson Snell & Passmore LLP as  detailed in the Law Gazette  further highlights the need for Solicitors to communicate with the Residuary Beneficiaries of an estate at the outset of the matter, to manage...

What are the STEP (Society of Trust and Estate Practitioners) provisions and why are they needed in your Will?

Molly Sutherland
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When you make a Will, for it to be accurate and unambiguous and ‘fit for purpose’, it is necessary for specific wording to be contained within. This wording may seem, to the layperson, like legalese, but it’s key to the Will being...

What is Claudia's Law? What To Do When Someone Goes Missing

Melanie Pickering
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When a loved one is missing, their close family and friends are of course going through an incredibly distressing time. When emotions are running high, and you’re deeply concerned for someone’s safety, arranging legal practicalities is naturally...

How Family Mediation can help Resolve Family Disputes

Shelley Wales
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At Thornton Jones Solicitors, we understand that navigating through family disputes can be challenging. In this blog we explore the effectiveness of mediation – a game-changer when it comes to resolving conflicts and fostering positive outcomes...

Dangers of Unregulated Will Writing Services

Amanda Gait
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When obtaining and paying for legal documents and services, it can seem to many as an unnecessary expense. Also, with the advent of online “quick wills” and standard pre-printed packs, many question why they should go to the expense of...

What is an Independent Administrator of an Estate?

Liz Fyfe
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We are increasingly asked to act as an Independent Administrator, but for those who have not heard the term before, what is an Independent Administrator, and when would one be needed? What is an Independent Administrator? When a person passes...

Should I Change My Will After Divorce or Separation?

Amanda Gait
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During relationship breakdowns, it is likely that the last thing on anyone’s mind is their Will or the lack of a Will. However, arguably, it is as important as any part of financial negotiations or the making arrangements for children. It is an...

5 Reasons to Put Lasting Powers of Attorney in Place

Francesca Thomas
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A Lasting Power of Attorney is a legal document in which you to appoint attorneys to make decisions on behalf of you, in the event that you lose mental capacity and cannot make the decision yourself. There are two different types of Lasting Powers of...

What is a Secret Trust?

Liz Fyfe
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Often thought to no longer be relevant in modern law, the archaic concept of secret trusts still exist in Wills today. This little known but fascinating topic does appear from time to time. The law concerning secret trusts is complex, but in the most simple...

Can a scrap of paper be a Will?

Melanie Pickering
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Aretha Franklin is a household name around the world. Until now she was known for her stellar 50-year career as a soul singer and for her activism. But since her death in 2018 she has been in the news more as the latest in an increasingly long line of...

What Are the Tax Rules When Giving a Gift at Christmas?

Molly Sutherland
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The giving season is quickly approaching, and it is a time where family members want to give money and other gifts to their loved ones. Although it’s not the most festive of topics, understanding the tax rules when it comes to giving gifts can be very...

What are my Duties as an Executor?

Joanne Gibson
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Often, when a person dies, the responsibility of administering the deceased's estate falls to a named person (or persons) know as the Executor(s). The task ahead for the Executor(s) can be daunting and, whilst in the midst of grieving for the loss...

My loved-one died abroad. How do I deal with their English estate?

Melanie Pickering
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Does it really matter where someone dies? Yes, it can do. It really depends on what assets they have and where those assets are, as well as where their permanent home was at the time of their death. If someone dies on holiday, but all of their estate is in...

Can I Gift to Charity on My Death?

Joanne Gibson
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Charities rely heavily on donations from supporters. Many supporters choose to benefit a particular Charity by making donations in their lifetime. You can also benefit a Charity on your death by including a gift in your Will. What is a Charity? A...

What is a Predatory Marriage?

Francesca Thomas
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I recently attended a Vulnerability Conference and heard Daphne Franks telling her story about her wonderful mother Joan, who sadly passed away in March 2016. In short, Daphne’s mother Joan had severe vascular dementia and only when her mother passed...

How Do I Sell a Probate Property?

Taylor Hugo
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When a person dies and their property needs to be sold, it's known as a probate sale. If you're the executor named in the will, then you'll be granted the legal right to administer their estate, which may include the sale of any property...

How Can I Evict My Tenant?

Navneet Bhatoa
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If you are a landlord, you may wish to evict a tenant but for no fault on the tenant’s part. Perhaps you need to reclaim your property to undertake a renovation, or maybe you wish to resume living in the property yourself. Whatever reason, evicting a...

What happens if my spouse does not acknowledge divorce papers?

Heather Sharp
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Getting a divorce can be an extremely difficult time and can be made harder if the other party will not cooperate and fails to respond to the divorce application. In this circumstance, there are a few available options which allow you to finalise your...

I Need to Make a Will but I Don't Know Who to Leave My Assets To

Amanda Gait
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This is a quandary that can come up for many people, including those who are childless or child-free, those who are estranged from their children, those whose children have died before them, or those who have no close family members living. It...

Do I need a conveyancer and a solicitor to buy a house?

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When buying or selling a house, or dealing with other property transactions such as remortgaging, you should seek expert legal support. If you have already been researching the issue, you likely know that the legal process of dealing with a property...

What happens if a Will is lost or Missing?

Liz Fyfe
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A question we are asked with increasing frequency is what can be done when an original Will cannot be located. Perhaps it’s lost or even been destroyed. When making an application to the Probate Registry after a person has passed away, in order to...

Does an Executor named in a Will have to act?

Joanne Gibson
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The role of an Executor is to take on the legal responsibility to deal with the administration of the estate of the deceased. This is a wide-reaching role with several legal duties and responsibilities to fulfil, which can continue beyond the administration...

Do I need to register my Trust with HMRC?

Francesca Thomas
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Most Trusts must be registered with HMRC to ensure that the Trustees, and the Trust itself, are complying with anti-money laundering regulations. In this blog we focus on the registration of non-taxable Trusts , which is a Trust that has...

What are the Rules of Intestacy?

Melita Roberts
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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. What...

What happens if there is no Will - the Rules of Intestacy

Melita Roberts
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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. What...

What are the dangers of DIY wills?

Molly Sutherland
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A recent case has emphasised the potential issues and pitfalls that can arise from homemade DIY wills as there are no lawyers involved in the Will drafting process. In the case of Henrietta Ingram & Anor v Simon Timothy Abraham & Anor, Joanne...

When we divorce, I only want what is fair.

Jane Auty
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It is important to understand that there is no legal definition of fairness, however it is determined on a balance scale. The starting point for division of matrimonial assets is 50/50, however there is the potential to depart from equality in certain cases...

When I divorce will I have to sell the house?

Jane Auty
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Depending on the circumstances, you may not need to sell your house, however this cannot be guaranteed as every situation is different.  After the assets of the marriage have been established, the next consideration is how the assets will be divided,...

I want a divorce. What should I do?

Jane Auty
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The decision to separate or divorce is a personal one which can only be made by the individuals involved. If you decide to separate, then you can do this informally and reach agreement as to how your assets are to be divided.  It can often be too soon...

If I were to separate or divorce, what will happen with the children?

Shelley Wales
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During a divorce or separation, it is often extremely difficult to navigate arrangements for children. Arrangements may include how often the children spend time with both parents, deciding who the children are going to live with, or how the care of the...

If I were to separate or divorce, what would I be entitled to?

Jane Auty
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There is no one, simple answer to this question, as it is very difficult to know what each person is entitled to as this depends on individual circumstances. The starting point for dividing matrimonial assets is 50:50. Matrimonial assets include things such...

How Do I Apply for a Declaration of Presumption of Death?

Melanie Pickering
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When a loved one goes missing it is emotionally draining for their friends and family who are left wondering where they are and whether they are safe. As well as this, the situation can be practically draining, as you have to deal with matters that are left...

Why a scribbled note shouldn't be the default position when making a Will

Stacie Hurt
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Since the death of Aretha Franklin in 2018 there has been an ensuing battle between the children of the superstar regarding who should inherit the singer’s fortune. This week the press is awash with the outcome of a lengthy court battle where the...

Why do I need a solicitor to draft my Lasting Powers of Attorney?

Molly Sutherland
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For many, we plan for our future through the making of a Will, which essentially makes clear your wishes for your estate when you die. However, oftentimes very little consideration is given to the planning for the future for your needs when you are...

Surrogacy - Are intended parents recognised from birth?

Arooj Begum
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A government-commissioned review of the existing surrogacy laws has concluded that “intended parents of a child born to a surrogate mother should be able to get legal parenthood from the point of birth”. But what is surrogacy? What is the...

How do I look after my loved-one's finances when they are missing?

Melanie Pickering
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The recent sad events surrounding Nicola Bulley going missing in Lancashire brought up memories for many, of Claudia Lawrence’s disappearance in Yorkshire in 2009. The key difference in the cases is that Claudia has never been found. Back in 2009,...

Six reasons why it is important for young people to have a Will

Francesca Thomas
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Although it is important for everyone to make sure that they have a Will in place, a Will has been stereotyped as something for ‘older people’ and is often not something that young people think about putting in place. Here are six reasons why it...

What is a Codicil?

Francesca Thomas
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Why a codicil may be a better way of updating your Will rather than making a new Will from scratch. A codicil is a document that modifies a previously executed Will. It is typically used to make small changes to a Will, such as adding or removing a...

What is Unregistered Land?

Sam Kelly
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Unregistered land is basically an asset that hasn’t been registered with the Land Registry. This doesn’t mean that the land isn’t owned, it just means that the details of the land (which includes who owns the land) is only documented in...

Christmas 2022 Opening

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As Christmas 2022 approaches we start to get excited for Christmas Jumper Day (8th December), our Christmas party (2nd December) and of course being off over the festive period to spend much deserved time with our friends and families. Over the festive...

Christmas Food Bank Collection

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This year we are again collecting food donations for our local food banks. Our team will be gradually filling our collection boxes and we hope that our clients will help too. With the recent increase in the cost of living, as well as the colder seasons...

Winners of the YLA Small Law Firm of the Year 2022

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We were honoured to be shortlisted for the award of Small Law Firm of the Year at the Yorkshire Legal Awards this year and knowing we were up against some very respectable competition we were overwhelmed to win the category and to walk away with the award!...

Temporary Closure of our Ossett Office

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UPDATE 6th October 2022: The minor refurbishment works are completed and we are ready to welcome clients back into our Ossett office from Monday 10th October. There may still be some finishing to do (painting/furniture re-building) but it'll still be a...

Five reasons why you might need a Prenuptial Agreement

Jane Auty
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It may seem odd, or even counter-intuitive, to be discussing separation and divorce at a time when you are finalising your wedding plans, but with around one third of marriages ending in divorce , statistics should prompt you to at least consider what the...

Mediation to help thousands more families avoid costly legal battles

Shelley Wales
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Our Family Law team here at Thornton Jones Solicitors were really pleased to learn of further funding by the Government into the Mediation Voucher Scheme; a scheme which enables eligible families to apply for a £500 voucher to be used towards the...

Who is the Legal Guardian of a Child?

Shelley Wales
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A legal guardian is someone who has the legal authority to take care of a child should anything happen to the parents. A parent of a child is not normally considered a guardian, though the responsibilities may be very similar. Typically, a guardian...

What happens once an application for a Child Arrangements Order is made?

Shelley Wales
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Once an application for a Child Arrangement Order has been made, Cafcass  (Children and Families Court Advisory and Support Service) will start making basic safeguarding enquiries with the Police and Social Services. All parties will be contacted by...

How to apply for a Child Arrangements Order?

Jane Auty
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To apply a Child Arrangements Order, the law requires you to first attend a Mediation Information and Assessment Meeting, often referred to as a MIAM. This is a meeting with a qualified mediator who will inform you about forms of alternative dispute...