Category: Wills and Probate

Wills & Probate

Rothery Inesons Solicitors Closure in West Yorkshire

A West Yorkshire law firm has shut its doors following an intervention by the SRA. Rothery Inesons Solicitors Ltd were based at the address of Ground Floor, 68 Market Place, Heckmondwike, WF16 0HY. The firm was a locally recognised name in the region across areas including Batley, Birstall, Brighouse, Cleckheaton, Leeds and Morley. Are you…

20% off lasting power of attorney

20% Off Lasting Powers of Attorney in May

This month we are running a limited-time-only offer to save 20% on a Lasting Power of Attorney. This offer is available at 5 of our Yorkshire branches: Harrogate York Bingley Pontefract Barnsley What are the benefits of making an LPA? Most importantly, you will be taking a prudent step towards safeguarding against future problems for…

The Inheritance (Provision for Family and Dependants) Act 1975 – What Is It?

“It’s my money, I can leave it to whoever I like”. Well, not necessarily. The UK courts do have the power to make Orders which interfere with the effect of a Will, or the effect of the intestacy laws where there is no Will where a qualifying Applicant can show that the deceased has failed…

The Yorkshire Law Firm – Here when you need us

Why Ison Harrison? With 16 offices, from our Leeds City Centre office, from Ilkley to Pontefract, from York to Barnsley, from Garforth to Huddersfield we have bases all across Yorkshire As will writers we are key workers. We are therefore able to be here for you during these difficult times. We have twelve fully trained…

Last Will and Testiment

What Is Stopping You From Making A Will?

Can we guess what is stopping you from making your will? In this article we challenge 5 of the main reasons people chose not to make a will: 1. They are expensive Many people believe will writing is expensive. This is not necessarily the case. Depending on your circumstances, most individuals and families are able…

Last Will and Testiment

Recent Court Ruling Highlights Importance Of Leaving A Will Where Couples Have Children From A Previous Relationship

Having an up to date will is especially important for couples and cohabitants who have children from different relationships, as this can complicate matters when you die. This issue has recently been highlighted in the case of Scarle v Scarle. This case concerned an inheritance dispute between two stepsisters to determine which of their parents…

Last Will and Testiment

Rise of Probate Disputes Linked to DIY Wills

According to recently published stats, the number of inheritance disputes heard in High Court has increased from 227 in 2018 to 368 in 2019. This rise is thought to be led by the ongoing popularity of DIY wills. Although DIY wills may seem like a good idea, they are often littered with errors and mistakes….

Pink fountain pen

Why Business Owners Need a Lasting Power of Attorney

Have you ever considered what might happen to your business if you were to lose mental capacity? In this blog post Jessica Bourke considers why Lasting Powers of Attorney are vital documents for all business owners. What is a Lasting Power of Attorney? Lasting Powers of Attorney are legal documents that allow your chosen attorneys…

LPA's

Care Homes Now Require Health & Welfare LPA’s

Most care home providers state that Care Quality Commission reviews now require a health and welfare power of attorney for all residents. The Care Quality Commission regulates health and social services, making sure standards are met with safe and effective high quality care. Why make an LPA? A power of attorney is a legal document…

Let's talk about dementia logo

What It Means for Ison Harrison Being Dementia Friendly

We have many targets for 2019 and amongst them is an aim to become a dementia-friendly firm of solicitors. Our Ilkley branch is spearheading an inclusive drive to be more accommodating and responsive to dementia-suffering customers and we are proud to be supporting the Dementia Action Week 2019. Victoria Holland and Jess Bourke are members of…

Will Sale

50% off Wills at Ison Harrison Huddersfield – Hurry! Offer Ends Soon

Are you looking for a Wills expert in Huddersfield? Your ultimate objective in planning for later life is to have peace of mind and ease for you and your family, and that’s where Ison Harrison in Huddersfield can help. 50% off Will Writing Services For a limited time only, we are offering 50% off will writing…

Checklist illustration

LPA Requirements

An LPA enables you to choose a trusted person to make financial or healthcare related decisions on your behalf, should you lose mental capacity. However, you need mental capacity to initially set up a LPA. Mental capacity is the capability to make specific significant decisions. There are two kinds of LPA; financial and healthcare. Financial…

Child drawing on the pavement with coloured chalk

Why Leaving A Will Is Important When You Have Children From Different Relationships

Having an up to date will is always important to be assured that your loved ones are taken care of. It is especially important for couples and cohabitants who have children from different relationships, as this can complicate matters when you die. Creating a will allows you to ensure that you can adequately provide for…

Last Will and Testiment

I want to leave my estate to charity instead of my children. Can this be done?

The dividing of an estate can be complex and troubling to deal with, even if wishes are documented in a valid Will. Emotions can run high; disputes over an estate can erupt within the closest of families. It is vital that property contained in your Will is processed appropriately, to avoid future problems arising. Some…

Male writing on paper with a pen

Britain Facing Dementia Crisis Over LPA Shortfall

Around 12 million Britons are ‘sleepwalking’ towards a dementia crisis because they have taken no steps in appointing a lasting power of attorney (LPA), according to a recent report. An LPA ensures your wishes are looked after in the event of you losing mental capacity in later life, by appointing a trusted person to control…

Male writing on paper with a pen

Why Your New Year’s Resolution Should Be Speaking to a Solicitor about a Will

It is coming to the time of year when we start to think about tasks that we may have been putting off during previous months. One such task is that of making a Will. It’s not surprising – thinking about your Will may seem morbid and unnecessary. Lucy Holt, a Solicitor in our Wills and Probate…

Power of Attorney

Solicitors are saying ‘No’ to fully digitised Power of Attorney plans

Ison Harrison has joined up with other leading solicitors in the country in expressing caution with regards calls from the Financial Conduct Authority (FCA) to make lasting power of attorney (LPA) registration fully digital. The proposals would remove the need for a ‘wet signature’ in person and would therefore potentially open the door to a…

Laptop and smartphone

Australian Court accepts unsent Text Message as a Valid Will

The BBC has recently reported on an Australian case, in which the Supreme Court of Brisbane has accepted a draft text message as a valid will. Found in the drafts folder of his mobile phone after his death, the man left ‘all that I have’ to his brother and nephew. He also left detailed banking…

Wills & Probate

Inheritance Act Cases: Charity Begins at Home?

Back in March, I wrote about the case of Illott v Mitson, in which I made the point that it merely served to reiterate the existing law under the Inheritance Act. Four months have elapsed since that case was decided- but we find ourselves reminded of the point once again. Nahajec v Fowle is an…

Marriage rings

Wills In Contemplation Of Marriage

It is unlikely that the prospect of making a Will or addressing your financial security in the future is top of your list when planning a wedding- not when your mind is on a thousand other things. Addressing your Will may not be steeped in romance, but it is crucially important and something you really…

Online Justice

Promotion of the Online Court Begins with MOJ Video- ‘Justice Matters’

In March 2017, the Ministry of Justice (MoJ) released a new video entitled “Justice Matters”, to promote and inform viewers about the forthcoming Online Court system.  The video, which can be accessed on Youtube, allows for quick viewing time, being just over five minutes in duration. The MoJ is said to have an ‘ambitious vision…

Estate Planning

Estate Planning Update

Spring hasn’t sprung quite yet, but changes in the area of Wills and Probate and Estate Planning are upon us. Rebecca Austin is a Wills and Probate Solicitor based at our office in Chapel Allerton. Here, Rebecca highlights both an upcoming rule amendment as well as a court case that could result in some alterations…

Gavel Books

The Guardianship (Missing Persons) Bill: Important Changes on the Horizon

Certain areas of law see fewer updates and changes than others- you are much more likely to see revisions to criminal legislation than you are in the field of wills and probate, but an important change is on the horizon in an often-neglected area. One recent proposal put forward by the Government sees a significant…

Will Aid

Will Aid – November 2016

November is now upon us and that means the annual Will Aid has launched; an opportunity for you to partner with Ison Harrison to make a will and support a national charity with a vital and much appreciated donation. Will Aid is a scheme where people are encouraged to make a will with participating solicitors,…

Box and key

Is testamentary freedom dead?

The Court of Appeal has ruled that a mother’s will be varied so as to leave her estranged daughter £164,000, representing 1/3 of the estate. In her will the mother, Mrs Jackson, left her estate to charity, expressly cutting out her daughter Heather Ilott after Heather eloped aged 17. Heather challenged the will under the…

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​Make a Will Month

Ison Harrison Solicitors are proud to be supporting St. Gemma’s Hospice Make a Will Month campaign this October. What is Make a Will Month? St. Gemma’s Hospice has teamed up with Ison Harrison and others to give you an opportunity to have your Will written for free if you make a donation to the hospice.  Although…

Law Society fears online LPAs could be open to abuse

Law Society fears online LPAs could be open to abuse

The Law Society has raised concerns that the online service for lasting powers of attorney (LPA) could be open to cases of fraud and abuse. LPAs are well established documents that enable you to nominate someone in advance to look after your affairs should you become incapable of doing so yourself at some point in…

Government seeks international collaboration to tackle dementia

Government seeks international collaboration to tackle dementia

Health Secretary Jeremy Hunt says there are currently 670,000 people suffering from various forms of dementia in the UK and this figure is set to double over the next 30 years. Mr Hunt said: “Dementia is far from a uniquely British problem – it is a world-wide challenge. Similar problems and pressures are being played…

Public ‘at risk’ as will writing remains unregulated

Public ‘at risk’ as will writing remains unregulated

Many legal services are strictly regulated but will writing is not. The Law Society and the Legal Services Board have long campaigned for stricter controls to protect the public but the Government has decided not to take any action. The decision means that anyone can set up in business providing will writing and probate services…

Treasury doubles its revenue from people who don’t make a will

Treasury doubles its revenue from people who don’t make a will

The Times newspaper has published research carried out by lawyers which shows that £38.5m flowed into the Treasury coffers last year from the estates of people who died without a will or an heir. That was a rise of 91% on the year before. The reason for the sudden rise is uncertain. Researchers believe that…

Prime Minister becomes a ‘Dementia Friend’

Prime Minister becomes a ‘Dementia Friend’

The initiative is being promoted by the Alzheimer’s Society, the Department of Health and the Office for Civil Society. The number of dementia sufferers in the UK is set to double in the next 30 years. As well as health issues for sufferers, there are also practical matters relating to how their financial and business…

Woman’s will overturned because of ‘undue influence’

Woman’s will overturned because of ‘undue influence’

It if later turns out that you were pressurised by someone trying gain a share of your estate then the will may be overturned by the courts. This happened recently in a case involving an elderly woman and her extended family. In 2005, she made a will leaving most of her estate to her two…

Son fails to overturn his mother’s will

Son fails to overturn his mother’s will

The case involved a woman who decided she did not want her son to inherit any of her estate. The woman and her son had been in business together. At one point, the son was charged with several counts of fraud in connection with the business. He was acquitted of all charges but the incidents…

Couples are hiding ’41 billion debt from each other’

Couples are hiding ’41 billion debt from each other’

A survey by the Co-operative Bank found that married and cohabiting couples have a total of £41billion debt that their partners know nothing about. One in seven men admitted concealing debt compared with one in ten women. On average, men owed £14,228, while women had debts of £22,418. Just over one in five people said…

Don’t get angry, get a solicitor

Don’t get angry, get a solicitor

The Law Society has begun a hard hitting poster campaign featuring traumatic incidents that can arise out of everyday events such as divorce cases, neighbour disputes and disagreements over wills and probate. The poster relating to disputed inheritance shows an antique sideboard being threatened by a chainsaw; the divorce poster shows a car that has…

Surge in number of people taking out Lasting Powers of Attorney

Surge in number of people taking out Lasting Powers of Attorney

LPAs allow you to appoint someone to look after your affairs if you reach a point in the future when you can no longer make decisions on your own behalf. This could be as a result of failing health, or it could simply be that you are out of the country or too busy to…

Only use qualified professionals for wills and probate

Only use qualified professionals for wills and probate

This has led to thousands of cases of people being overcharged, or having wills drawn up that are not legally watertight. The Legal Services Board (LSB) conducted an extensive investigation into the problem and has recommended that will writing and estate administration services should face strict regulation to protect consumers from sloppy and fraudulent practitioners….

Son successfully challenges his father’s will

Son successfully challenges his father’s will

The father had lived with his second wife in a property that was purchased solely in his name. In 2001, he had written a will that left everything to his two sons. After he died, his son’s solicitor wrote to the wife to ask what she intended to do about living in the property. She…

New digital approach to Lasting Powers of Attorney

New digital approach to Lasting Powers of Attorney

They are often set up as people get older and fear their health may begin to fail. Alternatively, people use them if they are going to be out of the country or preoccupied for some other reason and need someone to look after their interests for them. You can appoint someone to make decisions on…

Wife Challenges husband’s will for greater share of estate of estate

Wife Challenges husband’s will for greater share of estate of estate

The couple were both middle aged and had been married for two years. The husband was a successful businessman who owned three companies. When they married, they bought a house together which the husband funded. He also bought an apartment for them to use as a second home, and another apartment to rent out to…

Man’s living will upheld – life-saving treatment can cease

Man’s living will upheld – life-saving treatment can cease

The 67-year-old man, known as XB during the hearing, suffered from motor neurone disease for several years. In November 2011, he communicated to family members using eye movements that artificial feeding and ventilation should be stopped under certain circumstances. This advance decision, or living will, was made in the presence of several witnesses including family…

New chief for the office that registers Lasting Powers of Attorney

New chief for the office that registers Lasting Powers of Attorney

The Office of the Public Guardian (OPG) registers Lasting Powers of Attorney – an important mechanism that enables you to nominate someone you trust to make decisions on your behalf should you lack the capacity to do so yourself in future. The property and finance LPA allows you to appoint someone to look after your…

Will writing to be regulated to protect the public

Will writing to be regulated to protect the public

The move comes after a long investigation by the Legal Services Board (LSB) – the body that oversees the regulation of legal services. The issue arose because at the moment, anyone can set up in business as a will writer, even though they have no qualifications, no insurance and are not regulated in any way….

Will declared invalid over signing error – adopted son loses out

Will declared invalid over signing error – adopted son loses out

The court ruled that the wills therefore had to be declared invalid. Alfred and Maureen Rawlings befriended and unofficially adopted orphan Terry Marley when he was 15. They already had two sons of their own. Mr Marley lived with them for 30 years and looked after them in their old age. The couple intended to…

Will power can prevent family disputes over your money

Will power can prevent family disputes over your money

This is partly due to the increasing number of people having second marriages and relationships. More complicated family networks can lead to conflict. A typical problem might arise when a man marries for a second time but then leaves most of his wealth to the children of his first marriage. The second wife may feel…

Man’s death bed will upheld despite challenge by children

Man’s death bed will upheld despite challenge by children

The man had lived with his partner for 32 years. He had children from an earlier marriage and also from an extra-marital affair. He fell terminally ill and so shortly before he died, he made a will leaving all his substantial estate to his partner. The will was prepared by his solicitor and read to…

You don’t have to be ill to use Lasting Powers of Attorney

You don’t have to be ill to use Lasting Powers of Attorney

This is because people often set up an LPA as a way of protecting their interestsshould they lose mental capacity in the future. This can provide great peace ofmind for people who fear their health may deteriorate with age. LPAs enable you to nominate someone such as a family member or trusted associate to make…

Inheritance tax cuts to support charity will start in April

Inheritance tax cuts to support charity will start in April

The plan was announced in last year’s Budget statement. Chancellor George Osborne said that if at least 10% of the estate is left to charity, IHT will be cut by 10%.This would reduce the rate from the standard 40% to 36% for qualifying estates. It’s hoped that the measure will encourage more people to leave…

Proposals to help both married and cohabiting couples

Proposals to help both married and cohabiting couples

This can sometimes create problems for partners and close family members who don’t inherit as much as they expect or believe they deserve. Cohabiting couples are particularly at risk because if one dies without having made a will, the other has no automatic right to inherit the estate. This applies even if the couple have…