Lasting Powers of Attorney: Can the donor’s will be disclosed to attorneys?

LPA Can the donor’s will be disclosed to attorneys

Since 1st March 2017, it has been accepted that a donor’s will can be disclosed to the attorneys of their Property and Affairs Lasting Power of Attorney (LPA). Before this date, it was believed that the will could only be disclosed if the LPA gave express authorisation for this. Can the will be disclosed whilst … Read moreLasting Powers of Attorney: Can the donor’s will be disclosed to attorneys?

Guardianship and Parental Responsibility

Guardianship and Parental Responsibility

An appointment of testamentary guardians is rarely considered by a parent, but it is highly desirable that they should consider who should look after their children if both were to lose their lives while their children are under eighteen. The appointment of a testamentary guardian can only be made by a person with parental responsibility. … Read moreGuardianship and Parental Responsibility

Transferable Nil Rate Band

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Every person has their own nil rate band (NRB). This is the amount that can be distributed on their death without inheritance tax being payable. Since 9th October 2007, an unused NRB from a deceased spouse can also be claimed when the surviving spouse dies. There are a number of misconceptions about the transferable NRB … Read moreTransferable Nil Rate Band

Reminder: Office of the Public Guardian Refund Scheme

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It has been over six months since the Office of the Public Guardian (OPG) announced their power of attorney refund scheme. Recent evidence however shows that only around 15% of those entitled to a refund have applied to the OPG. Due to this, we would like to put out a reminder about the scheme and … Read moreReminder: Office of the Public Guardian Refund Scheme

Co-ownership and Severance

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Where more than one person owns property, there are two ways in which the owners may own the equity of the property. Joint Tenants A joint tenancy is the most common and standard method for property to be held. Under a joint tenancy, each owner does not have their own ‘share’ in the property. Instead, … Read moreCo-ownership and Severance

Considerations when appointing Executors or Trustees

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Most testators will usually appoint their surviving spouse or partner, children, close family or friends to act as their executors and trustees. Whilst there is nothing wrong with appointing family members and friends, there are a number of points that a testator may need to be advised of. Personalities Where multiple people are being appointed, … Read moreConsiderations when appointing Executors or Trustees

Paying Fees to an Attorney

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Reasonable Expenses All attorneys are able to claim reasonable expenses they incur whilst acting for the donor. This includes expenses such as postage, travel costs and the cost of an accountant preparing annual accounts. This does not have to specifically mentioned in the Lasting Power of Attorney (LPA) itself but could be included should the … Read morePaying Fees to an Attorney

Transferring and Tapering the Residential Nil Rate Band


Transferable RNRB Any unused Residential Nil Rate Band (RNRB) is available to be transferred to a surviving spouse as long as second death occurs on or after 6th April 2017. On second death, the surviving spouse’s Personal Representatives (PRs) are able to claim both the deceased’s RNRB and the unused RNRB of their late spouse, … Read moreTransferring and Tapering the Residential Nil Rate Band

Revoking a Will

Revoking a Will

There are four ways that a will may be revoked. Marriage/Civil Partnership As a general rule, a marriage or formation of a civil partnership revokes any will that a testator made before the marriage or civil partnership under S18 and S18B Wills Act 1837 respectively. There are however some exceptions to this rule. If it … Read moreRevoking a Will