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What is an Executor? An Executor is someone who is legally responsible for carrying out the instructions in your Will and handling your estate. Your estate is everything you own upon your death – this includes money, investments, property and...
I don’t own a home or have any savings, why should I make a Will? Whilst you may not own your own home or have significant savings or investments to leave to your loved ones in your Will you can still make provision for your minor Children when...
An Advance Decision is a statement of instructions about what medical and healthcare treatment you want to refuse in the future, in case you lose mental capacity to make these decisions. It only applies to refusing specific treatment, rather than demanding...
When writing a Will, the term ‘my child’ or ‘my children’ does not automatically include step-children, it only includes biological children and formally adopted children of the person making the Will. If you wish to include...
Johnson Astills are pleased to announce that we are taking part in Free Wills Month during October 2024. Free Wills Month brings together a group of well-respected charities to offer members of the public the opportunity to make simple Wills...
Mental Capacity is the ability to make and communicate a particular decision. You must understand the decision you need to make, why you need to make it and the likely outcome of the decision. At any time you may be able to make decisions about some things...
A Letter of Wishes is a document that can be used to guide your Executors and Trustees when managing your estate after your death. A Letters of Wishes is generally used in two circumstances: Alongside your Will – this would be a letter setting out...
A Legacy Contact is a person you can choose to access your accounts (e.g. Apple, Instagram or Facebook) after your death. This gives the nominated person access to certain elements of your account and allows them to make decisions as to what steps they take...
In this article we explain the concept of the statutory legacy, when it applies, and how it can impact the distribution of a deceased spouse’s/civil partner’s estate. What is Intestacy? When a person dies without a valid Will, they are said...
When someone dies, in order to access assets held with financial institutions, sell assets, and even pay any debts that the deceased held on their death, a legal document known as a Grant of Representation is required. What are the types of Grant of...
What is a Guardian appointed by my Will? If you die leaving children under the age of 18, you can make provision in your Will for who you would like to look after your children if there is no one else with Parental Responsibility. They would then be...
Johnson Astills are pleased to announce that we are taking part in Free Wills Month during October 2023. Free Wills Month brings together a group of well-respected charities to offer members of the public the opportunity to make simple Wills prepared...
What is Intestacy? Intestacy is where someone dies without a Will, or without a valid Will. The Rules of Intestacy means that a deceased person’s estate will be distributed in accordance with these rules, and this may mean that the estate is not...
People often want to leave money or gifts in their Will to children or grandchildren. There are different ways in which you can do this, and it is important to consider how you want to leave your money when making a Will. Here, at Johnson Astills , we...
Lasting Powers of Attorney are some of the most important documents you can make in your lifetime. LPAs have been in the news over the last few weeks following a discussion about them by Martin Lewis who emphasises the importance of these documents. ...
Cryptocurrency is becoming more and more common in the investment market with at least 4.2 million people in the UK currently owning it in some form or another. You may choose to leave your digital assets to your family members or someone you trust, or,...
If a person dies without a Will, what happens to their estate (ie assets, such as property and cash) will be governed by the Intestacy Rules. Who is entitled to what will depend on their relationship with the deceased. A spouse or civil partner will...
What is a Life Interest Trust? A Life Interest Trust is a Trust included in your Will and can be a way, in certain situations, of protecting your share of your house for future generations after you die. A life Interest trust is commonly used in...
When making or reviewing your Will and your Inheritance Tax position, considering how you hold your pension and Life Insurance Policies is very important. At Johnson Astills , we provide a comprehensive Will writing service and place great importance on...
If you are acting as an Executor or Administrator you have a legal obligation to ensure you have found and dealt with all of the assets in the estate of the deceased and that you are proving and administering the correct Will. There are various searches that...
According to the latest figures the current rate of marriages ending in divorce in the UK is 42%. When going through divorce proceedings it is important to review and consider your Wills and Lasting Powers of Attorneys , and the implications divorce has...
In a recent study sent to the Ministry of Justice it has found that during the pandemic there has been a significant reduction (26.5%) in the registration of LPAs for both Health and Care and Property and Finances. This statistic is of concern, bearing in...
A Life Interest Trust is created by a Will and is commonly used by married couples as a way of protecting each other’s respective share of the property on first death. Situations where this may be appropriate are where there are children from previous...
You may choose to share the location of your Will with your family members or perhaps you keep a good record in your files. However, family members may not remember what you have told them or are not sure where to look when they need to find your Will. ...
An Appointee is an individual/organisation registered with the Department for Work & Pensions (DWP). The nominated Appointee is allowed to receive another person’s benefits when they are unable to manage their finances. This could be due to them...
There are two types of Lasting Power of Attorney (LPA); one which deals with your Property and Financial Affairs and one which deals with your Health and Welfare. In this article, we will be discussing the Health and Welfare LPA. A Lasting Power of Attorney...
The Guardianship Act was bought into power in 2019 to help families deal with the affairs of a missing loved one. Prior to this act being bought in, the only way to deal with a missing person’s affairs was to make a declaration to the High Court that...
When it comes to making a Will, there are two main pieces of advice that we at Johnson Astills give our clients. The first is to actually make one, and not keep putting it off. The second is to have a will drafted by a Solicitor that specialises in Wills. ...
Since the pandemic and subsequent lockdown in March 2020 the demand by individuals wanting to create a Will increased and solicitors have been challenged with finding new ways to ensure that Wills are witnessed and executed correctly in line with social...
When an individual dies, there will often be assets that need to be dealt with, for example, a property, shareholding or bank account. Some assets can be dealt with without a Grant of Representation but others, particularly valuable assets, require a Grant...
Families with elderly or vulnerable relatives will often need to assist with or sometimes even take control of that relative’s property and financial affairs. The easiest way to organise this is for Lasting Powers of Attorney to be made by the...
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