Like it or not Inheritance Tax (IHT) is here to stay. It’s been around for decades and is colloquially known as “Death Duties”. It is a tax on the value of your estate when you die. The rules relating to IHT have changed considerably since 2007. Effectively now the threshold at which IHT is chargeable on the estate of a … Read More
We are family! Or are we?
The definition of “family” is changing. It used to be the nuclear unit of husband, wife and 2.4 children. Although the divorce rate has been going down recently, numbers of cohabitants are rising. And the belief you can be a “common law” husband or wife still exists, despite it being a myth. So what constitutes a family and is this … Read More
GDPR & Lasting Power of Attorney’s – why it’s more important than ever to put a Lasting Power of Attorney in place
What is a Lasting Power of Attorney & why you need one A Lasting Power of Attorney is a document which lets you decide who you wish to help make decisions on your behalf in relation to your property and financial affairs and health and welfare when you are not able to make those decisions yourself. Be aware that you … Read More
Unmarried couples – rights of surviving partner
There was a recent case in the Supreme Court which has highlighted the vulnerability of the survivor when one partner dies and the couple were not married. Siobhan McLaughlin successfully claimed Widowed Parents’ Allowance following her partner’s death. Current law states that this benefit is only available to bereaved partners who have children and have been married to or in … Read More
“The incapacity crisis: a nation unprepared”
Solicitors for the Elderly (SFE) launch a campaign this week which aims to raise awareness of health and welfare Lasting Powers of Attorney (LPA’s). SFE have built a report with think-tank Centre for Future Studies (CFS) which highlights the issues surrounding the lack of planning for mental incapacity and, backed by the evidence, demonstrates a looming incapacity crisis. Incapacity is … Read More
Why should I use a Solicitor?
The ageing population means that there is a large and increasing market for legal services for elderly people. Services in which elderly people are often interested are:- Wills Powers of Attorney Concerns about costs of residential/nursing care Equity Release Advice regarding dementia/mental incapacity Individuals are free to obtain legal advice from wherever they choose. The advice could be from a … Read More
What is the Court of Protection?
The Court of Protection (CoP) appoints people to make decisions for those who lack capacity to make decisions for themselves and resolves disputes about decisions for such people. If the person who lacks capacity has not made a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) and they have lost capacity, it is likely that someone … Read More
Support for those affected by the collapse of The Will Writing Company Limited
Due to the recent liquidation of The Will Writing Company Limited (part of the Estate Planning Group), who were based in Ruddington Nottingham, Morrish Solicitors are pleased to offer a fully inclusive and comparable service for all of your wills and estate planning requirements. We are accredited by Lexcel (The Law Society’s practice management standard) and are members of Solicitors for … Read More
Have you got your digital assets in order?
What are digital assets? Digital assets include e-mail accounts, online banking, online investments, social media accounts (Facebook, Twitter etc.), online purchasing/selling accounts (e-Bay, Amazon etc.), data stored on Pc’s, tablets, laptops, mobile phones and blogs just to name a few. Digital assets tend to have little value but some may have significant value or sentimental value. What would happen to … Read More
Residence Nil Rate Bands
It seems that Residence Nil Rate Bands are here to stay. Complicated as they are, they provide for an increase in the Nil Rate Band against Inheritance Tax (IHT) for people who have had a property in which they have resided and who leave it to their “direct descendants”. Putting it simply, the Nil Rate Band is a tax free … Read More
Lasting Powers of Attorney – helpful or not?
Denzil Lush, former Senior Judge of the Court of Protection, warned the public recently that he believed Lasting Powers of Attorney (LPAs) may leave elderly people open to abuse. An LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a … Read More
Morrish Solicitors one of highest donating firms for Will Aid
John Coulhurst from Will Aid popped over to our Yeadon office this morning to present Tom Morrish with a certificate for being one of the highest donating firms in West Yorkshire (4th). An amazing £34,496 raised since being part of Will Aid and £5,490 this year. Peter de Vena Franks from Will Aid said: “This really is a huge amount … Read More
Proposed probate fee increase scrapped
The proposed probate fee hike was scrapped last week. Tom Morrish, Head of our Wills and Probate department and Yorkshire Regional Coordinator for Solicitors for the Elderly (SFE) said: “We are delighted to hear the proposed probate fees have been dropped. It was very clear from the offset that the new system was nothing more than a backdoor tax and … Read More
BREAKING NEWS – Increase in Probate Court Fees
When applying for a Grant of Representation (this is the document required to enable the Personal Representatives of the estate to deal with the deceased’s estate) the Personal Representatives are aware that there will be a court fee payable. It is currently a manageable amount of £155 via a solicitor, £215 without the assistance of a solicitor and £0 if … Read More
Poorly drawn up wills can result in loved ones missing out inheritance
Failure to draw up accurately-written wills is resulting in families being unable to take control of their loved one’s estates when they pass away, a legal expert has claimed. Tom Morrish, regional co-ordinator for Yorkshire with SFE (Solicitors for the Elderly), said wills drawn up by unregulated and unqualified personnel do not offer the same protections as those drawn up … Read More
The mysteries of the Court of Protection
What is the Court of Protection? This is the Court which deals with matters relating to the affairs of people who are not able to handle their own affairs. Typically it deals with cases where elderly people develop dementia or other illnesses affecting mental capacity, which means that the individual is not able to manage their own financial affairs. Other … Read More
Where is your Will?
When making a Will it is important to know where the original document is kept. If a Solicitor has made your Will you may have been given the option to leave the original Will with your solicitor for safekeeping in their deed store department. If this is the case then you will most probably have received a copy of your … Read More
The Importance of Instructing a Solicitor or Professional when Preparing a Lasting Power of Attorney
A Lasting Power of Attorney is a powerful and important legal document. By making a Lasting Power of Attorney you are setting up an arrangement which will potentially give someone authority to deal with everything you own and your personal care at a time when you will be at your most vulnerable. The benefits of using a solicitor/professional are as … Read More
BBC Radio Leeds Interview with Tom Morrish
Tom Morrish, our Wills and Probate Partner was recently interviewed on BBC Radio Leeds, talking about Wills and Probate and taking calls. To listen to the full interview, visit this link.
No Inheritance Tax on estates worth up to £1 million? Not quite!
George Osborne announced the introduction of an additional Inheritance Tax (IHT) Nil Rate Band (NRB) for a person’s main residence in the Summer 2015 Budget. This was good news for with wealth tied up in their family home. The existing NRB of £325,000 per person or £650,000 per couple, on which 40% IHT is not paid, will remain the same. But from … Read More
Probate Court Fees – Expected Hike
The Government has issued proposals to increase the fee paid to the Probate Registry for obtaining a Grant of Probate. A Grant of Probate is very often required when someone dies to allow the estate to be administered. Currently the fee is £155.00 for all estates which have a value of more than £5,000. Is this fair? The proposals suggest … Read More
James Shingleton and Charlotte Bandawe appointed as Dementia Friends Champions
We are pleased to announce that two of our Solicitors, Charlotte Bandawe and James Shingleton, have successfully completed their training to become Dementia Friends Champions. They join Tom Morrish and Monika Volsing who completed their training last year. Dementia Friends information sessions are run by Dementia Friends Champions on a voluntary basis to help you understand what it’s like to live … Read More
The effect of “separation” on your death
Upon the breakdown of a marriage/civil partnership it is usual for the parties to proceed to finalise the end of their union by applying for a divorce or dissolution of a civil partnership. Upon the Decree Absolute/Dissolution Order being granted the marriage/civil partnership is over and both parties are then free to proceed with their own lives individually. However more … Read More
New Year…make a Will
At the start of a new year, many people like to make a fresh start or may even make a resolution. So now may be a good time to give some serious thought to making a Will? A Will is the only way to ensure your loved ones inherit what you want them to have. A Will also prevents your … Read More
86% in Yorkshire and the Humber leave life-changing decisions in the hands of strangers
86% of people in the Yorkshire and the Humber are currently living with no control over important later-life decisions around their housing, assets, heath, and care, according to a new report by SFE (Solicitors for the Elderly), the national organisation representing legal professionals such as Tom Morrish from Morrish Solicitors specialising in helping people plan for later life. The report … Read More
What should I do if my elderly relative or friend goes into a Care Home?
If your elderly relative or friend is going into a care home, here some important tips you should follow: Check the relative’s house is secure – Insurers are notified, valuables are removed etc. Check that someone is able to manage the relative’s financial affairs. Most residents of Care Homes will need assistance with their financial affairs. Check if there is … Read More
How does the decision in Ilott v Mitson affect you?
The decision of the Judge in the case of Ilot v Mitson, reported widely in the news recently, is worrying to many people who have made a Will, or who are considering making a Will. When making a Will, you should give a lot of thought to deciding who to include and, sometimes, who to exclude as beneficiaries (i.e. the … Read More
HSBC Wills and Probate
In June 2015, HSBC sold their Wills and Probate business to a company called Simplify Channel Ltd, with the transfer date expected to occur on 30th October 2015. Simplify are based in London, which is seen as a concern to our clients in Yorkshire. Over the years, we have seen many clients who have had their Wills drafted by HSBC. … Read More
Commons Select Committee launches an inquiry into court and tribunal fees
We are delighted to hear that a cross-party panel of 11 MPs will be investigating court and tribunal fees. Our view is that the staggering rise in court fees (in one recent personal injury case for a very serious work accident, the fee payable to the court had risen from £1,315 to £10,000) and introduction of Employment Tribunal fees (leading … Read More
