In a response to the logistical problems created by the recent pandemic the government has announced that it will now be acceptable to have a will witnessed by a video link in England and Wales. Furthermore, this change in the law will be backdated to 31 January, which coincides with the date of the first coronavirus case in the UK. Initially this arrangement will remain in place until 2022 but could be shortened or extended, if the Ministry of Justice deems it necessary.

Prior to the change a will needed to be witnessed in the physical presence of at least two witnesses however, restrictions on office opening and social distancing have made this difficult. The people who witness the will (or their married partners) cannot be left anything in the will.

The video link will need to be of a good quality to ensure that viewers can determine what was said and by who. Electronic signatures will not be permitted.

Quoted by BBC News, Justice Secretary Robert Buckland said:

“We know that the pandemic has made this process more difficult, which is why we are changing law to ensure that wills witnessed via video technology are legally recognised. Our measures will give peace of mind to many that their last wishes can still be recorded during this challenging time, while continuing to protect the elderly and vulnerable.”

The government has said that whilst video can now be used it should be seen as a last resort.

Commenting on the changes RRP Associates Partner Sian Aung said:

“The legal profession has been calling for this change to be made and we are delighted that video witnessing is now possible. We have been working alongside our clients to get wills witnessed but this change should improve the process, especially where someone is isolating.”

If you need help with a will or probate matter please contact our team who will be pleased to help.

T: 0745 127 0008

E: info@rrpassociates.co.uk

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The BBC recently reported that there has been a spike in people seeking to draft or amend their wills. This is not surprising given the current health concerns. However, regularly reviewing the provisions of a will is good sense. Circumstances change, such as relationships, assets and simple wishes for how an estate should be dealt with.

One area often ignored is the issue of who would look after an individuals’ affairs if they become incapacitated for any reason. This is normally dealt with through something called a Lasting Power of Attorney. Lasting Powers of Attorney replaced Enduring Powers of Attorney which can only be used if created before October 1^st 2007. Anyone planning their affairs should consider drafting a Lasting Powers document.

The BBC article rightly points out that failing to correctly sign a will in front of two independent witnesses, who are physically present, is likely to lead to a judge ruling the document, and any legacy in it, invalid. This can be tricky given the current lockdown situation however, as RRP Associates Partner Sian Aung points out there are still ways in which this can be achieved:

“We have been adapting the ways in which we work with clients.  We have been taking instructions by phone/skype/facetime and have on a couple of occasions gone to a house to witness a Will through a window. Each day we finding new approaches to getting the job done and we are definitely still able to help new clients at this difficult time.”

There will be some people realising that they do not have a will in place and will now be considering drafting one. Various reports suggest this could be as much as 50% of the population. This is extremely worrying. It’s not just the financial aspects that people need to consider but also essential issues such as child care.

Individuals looking to draft a will, create a Lasting Powers of Attorney document, have a will amended or need advice on probate matters should contact one of our wills and probate specialists:

T: 0745 127 0008

E: info@rrpassociates.co.uk

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We all value the hard work and determination of NHS staff at this difficult time. As such RRP Associates is keen to do what it can to help.

We are therefore offering discounts to NHS workers across our range of services.

If you are an NHS worker looking for legal support with any service we provide, please contact us and one of our solicitors will be happy to help you. We are now working remotely but as a result of a recent major IT update are still able to respond quickly to client requests.

We are a well established firm with offices across Beds, Herts and Bucks. We are very active in terms of corporate social responsibility supporting a wide range of causes, giving back to the communities we serve.

For more information on how we can help NHS workers please call us on:

08458 608775 or e-mail to wills@rrpassociates.co.uk for wills and probate matters or

0745 127 0008 or email info@rrpassociates.co.uk for other services.

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The scheme involves clients donating the fee for a Will written by RRP Associates to Rennie Grove Hospice Care. Clients are asked to make a minimum donation of £140 to the hospice for a single Will and £200 for ‘mirror Wills’ (largely identical Wills set up by couples).

Landmark life events – such as marriage, having children, divorce and retirement – are times when people often think about drafting or updating a Will.

However as Helena Theo at RRP Associates points out:

“It is surprising how quickly Wills can become out of date and it is well worth reviewing the content of Wills that have been written some time ago. The ‘Make Your Will Month’ scheme represents a great way of ensuring a Will is put in place, or is up to date and aiding an excellent cause in the process.”

Rennie Grove Hospice Care requires substantial public support to help reach a target of 85% of the funds needed by the hospice to provide its services.

The response to the RRP Associates involvement has been tremendous and all appointments for the month are now full. Some clients however, like to support the hospice and other worthy causes through provisions in their Will.

Clients interested in drafting or updating a Will should contact the RRP Associates team on 0845-RRP -0000 or via e-mail info@rrpassociates.co.uk . Helena Theo can be contacted via e-mail Helena.Theo@rrpassociates.co.uk

For information about Rennie Grove Hospice Care see www.renniegrove.org

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Under new proposals, due to come into force earlier this year, probate fees would have increased to up to £6,000, depending on the value of the estate.  The current fee is £155 (or £215 if not applying through a Solicitor).

The new proposals were heavily criticised.  The new fees would have vastly exceeded the cost of providing the service and were considered to be an additional tax ‘through the back door’.

Whilst the announcement is welcomed, there is still a large backlog of probate applications.  The new fee proposals, coupled with a change in systems at probate registries in March of this year, have caused long delays in applicants receiving grants of representation.  Previously, applicants could expect to receive their grants within two weeks, whereas now the wait can be more than three months.  This has left families unable to sell property belonging to the deceased.  As a result they are losing potential buyers and are left unable to pay their Inheritance Tax bills on time.

HM Courts and Tribunals Service (HMCTS) has advised that they have increased resources and are reallocating applications between registries to try to clear the backlog.  Hopefully this will go some way to improving the situation so that those who have lost loved ones do not have this additional stress and worry at what is an already difficult time.

For any information or advice about applying for probate or regarding the administration of estates generally, please contact RRP Associates ’ Wills and Probate department on 08458 608775 or email melissa.browning@rrpassociates.co.uk

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Passing away without leaving a valid Will often makes an already difficult time for your loved ones all the more distressing. If a person dies without leaving a Will (intestate), the rules of intestacy will determine how the Estate is to be distributed. This may mean that your Estate is distributed in a way that you would not want it to be distributed and it is not necessarily the case that if you die intestate, that your entire Estate passes to your spouse. There are various factors at play and so seeking Independent Legal Advice is highly recommended.

A valid Will details who is responsible for dealing with your Estate, the Executors, and sets out how you would like your Estate to be distributed. It can also include specific Gifts, appointments of Guardianship and Funeral Wishes, amongst other components, depending on your individual wishes.

Leaving a valid Will will mean that your friends and family will have guidance in place in how to administer your Estate when you pass away. It will also make the grieving process easier for your loved ones without the added difficulty of dealing with an Intestate Estate.

Along with the importance of making a clear and valid Will, it is paramount that your Will is held in a secure location. At RRP Associates , we store your original Will free of charge in our theft, fire and water damage proof storage site for your lifetime. This will give you the peace of mind in knowing that your loved ones can have ready access to it when required.

Fazia Hussain, a Wills and Probate lawyer at RRP Associates deals with all aspects of legal work relating to Wills, Powers of Attorney and Probate and comments “The importance of producing a Will which sets out your individual wishes for all that you’ve worked hard for and for those dearest to you can not be overestimated, I thoroughly enjoy helping my clients to do this.”

Fazia can be contacted by email Fazia.hussain@rrpassociates.co.uk or by telephone on 01442 229 670.

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A solicitor that can accommodate you outside of 9-5, Monday – Friday?

Our London Office will be open on Saturday mornings from 10am-12pm for personal attendances or prearranged appointments so if you need to pop something in to us please feel free to come over.

Our office is situated on the Churchill Place, London, E14 5EU.

Please note that only our London Office will be open on a Saturday morning

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Both Attorneys appointed under a Power of Attorney, and Deputies appointed by the Court of Protection have to adhere to the principles laid down in the Mental Capacity Act 2005 as well as any provisions in the Power of Attorney or Deputyship order.

There is no main approach to Attorneys and Deputies making gifts.  However the overriding principle is that the gift must be in the person’s best interests.  Whether this is the case will depend on the circumstances in each individual matter.  In general terms however Attorneys and Deputies have extremely limited powers to make gifts from a person’s estate.

First and foremost, it must be established whether the person in question has the mental capacity to make the gift themselves, in which case the decision to make the gift should come from them.  If not then the proposed gift needs to be considered in detail to ensure that it can be made within the authority of the Attorney or Deputy.

The general rule is that Attorneys and Deputies should not make gifts from a person’s estate, unless the gift satisfies the following conditions:

·        It is made on a certain occasion, such as Christmas or upon a birthday for example, known as a ‘customary occasion’.  What occasions are deemed to be customary will depend on the particular circumstances.

·        It is made to an individual related or connected with the person in some way or, as stated above, to a charity that the person supported or would have been considered to support.

·        It is of reasonable value and, again, this will depend on the particular circumstances.

If the proposed gift does not fall within the authority of the Attorney or Deputy then an application will need to be made to the Court of Protection for permission.

It is important to note that a gift in this context is not necessarily restricted to simple individual to individual giving and can include:

·        Transferring part or all of a property out of the person’s name to their children,or to other family members for no consideration or consideration at below market value

·        Making an interest free loan from the person’s money – the interest not charged is treated as a gift

·        Placing any assets belonging to the person into a trust

Particular caution should be exercised where the proposed gift is to the Attorney or Deputy, as they must not take advantage of their position.

Melissa Browning, Solicitor and Trust and Estate Practitioner in our Wills, Trust and Probate department at RRP Associates says:

‘The consequences of making unauthorised gifts from a person’s estate in your capacity as Attorney or Deputy can be very serious and may result in criminal proceedings.  If you are considering making any gifts in these circumstances then we strongly advise that you seek independent legal advice.  Please do contact our Wills, Trusts and Probate Team if you do require any advice and we will be very happy to assist.’

If you have any queries regarding the above then please do contact Melissa Browning on 08458 608775 or by email at melissa.browning@rrpassociates.co.uk or Lisa Murphy on 01582 878515 or by email lisa.murphy@rrpassociates.co.uk

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New legislation introduced on 27 November 2018 will hopefully speed up the process for making applications to the Probate Registry.

Fazia Hussain, a Wills and Probate lawyer at RRP Associates explains “Those appointed as Personal Representatives need to make a formal application, known as applying for Probate, to the Probate Registry as part of their duties to administer the estate. Historically this process can be lengthy and a recent piece of legislation known as the Non-Contentious Probate (Amendment) Rules 2018 aims to tackle this. For example the new Rules no longer require Personal Representatives to swear oaths and “mark” wills which was a process requiring the representatives to attend the offices of a Solicitor other than their own and to pay a small fee. From now on the Representatives will only be required to make a Statement of Truth which hopefully will save time and some cost.

Fazia goes on to say “Administrating an Estate can be a difficult process at a difficult time and usually the Personal Representatives are not legally qualified so simplifying the process is a good thing and some would say, long overdue”

Fazia deals with all aspects of legal work relating to wills, power of attorneys and probate and has rapidly built a reputation for assisting clients during what is usually a difficult time of their lives. Fazia concludes “I enjoy my area of specialism and I look forward to seeing the impact of the new Rules on the Probate process and hope that it can make it a little easier for all involved”.

Fazia can be contacted by email fazia.hussain@rrpassociates.co.uk or by telephone on 01442 229 670.

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1.            Take Some Time To Think:

I would always encourage a person considering divorce to take some time before taking steps to obtain a divorce.  A decision to end a marriage should not be an emotional one, but well thought through. I have found that clients who take a bit longer to start divorce proceedings find it easier to make decisions in relation to finances and children to the marriage, and perhaps find it easier to engage in more amicable ways of resolving disputes such as mediation, thereby saving costs, time and making the process less hostile.

2.            Let Your Spouse Know Of Your Intentions:

Each party to a marriage will come to terms with the end of their relationship at different times and in different ways.  Sometimes, one person is ready to end the marriage, whereas the other wants to reconcile.  An agreement on the issue may not always be possible, but a person’s intention to start divorce proceedings should be communicated beforehand, whether in person, email or text. A person receiving a divorce petition can become angry and vengeful, especially if surprised by receipt, and these emotions can make the process more difficult. Your spouse will need to be managed to ensure that proceedings can conclude as amicably as possible.

3.            Find Your Marriage Certificate:

In order to commence divorce proceedings you will need to provide the court with your original marriage certificate.  If you have lost it, it is possible to obtain a copy online.  If you were married abroad, it might be necessary to have your marriage certificate translated before proceedings can be commenced.

4.            Gather Information About Your Financial Position:

Obtaining a divorce is the administrative process of ending your marriage.  However, usually the issue that causes the most concern to a person relate to how financially they will survive post the divorce. I always seek to move financial matters forward as soon as possible and in order to do so I will require clients to provide me with an outline of their financial positions, as well as their spouses.  This will hopefully allow me to provide a client with some indication as to whether the family home will need to be sold and what monthly maintenance support they should expect from their spouse.

5.            Seek Legal Advice From a Specialist Divorce Solicitor:

It is so vitally important that you seek legal advice when contemplating divorce and before commencing proceedings to make sure that, from a legal perspective, you are in the best position to bring proceedings in a way that will meet your objectives. This is so even if you intend to deal with the proceedings yourself. Most solicitors will offer a low cost, fixed fee meeting at which you can discuss your objectives and obtain legal advice. There is no ongoing obligation to instruct that solicitor to deal with matters on your behalf, should you not wish to do so. However, a solicitor will advise you as to whether you are entitled to a divorce, what you should expect in relation to financial provision and arrangements for the children and discuss other matters which may affect you such as potential tax consequences of divorce and dealing with assets, Wills and inheritance prospects.  You can then be assured that your decision making moving forward is on an informed basis.

If you need advice, please contact us on 0845-RRP -0000 or complete the online form at the end of our ‘Family Law Solicitors’ page by clicking here

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