Do I have to sell my home to pay for care? Your ability to pay for care will be worked out through a means test. Your home will not be included if you receive care and support at home or if you go into a care home on a short-term or temporary basis. If you move into...

If the donor under an Enduring Power of Attorney (EPA) loses mental capacity, the EPA is not automatically revoked, as would be the case for an ordinary power of attorney. However, the attorney under an EPA is under a duty to register the EPA when the onset of mental incapacity begins. Once the application for...

The personal representatives (PRs) of an estate would be personally liable, up to the value of the estate, for liabilities incurred by the deceased person. Such liabilities would include contingent liabilities for which no claim has yet been made. The PRs may be able to protect themselves by publishing a notice which complies with section 27 of...

A Will is confidential, and during the testator’s lifetime, no disclosure can be made by a solicitor except to someone authorised by the testator, or where the testator has lost capacity, by the Court of Protection or someone with the relevant authority on the testator’s behalf. In this case, it seems like there may be...

For this Q&A, we have assumed that: the child of the deceased is not a minor a grant of letters of administration has been made to the siblings It is assumed that the deceased died without a Will, in which case, a grant of letters of administration will need to be applied for. The Q&A...

There is no rule requiring an attesting witness to have ‘mental capacity’ as such. (Section 14 of the Wills Act 1837 refers to a witness not having to be ‘competent’, but that is thought to refer to the old rules of evidence governing competence to be a witness, rather than mental capacity.) Mental capacity is time...

The Question assumes : Inheritance tax advice has been provided on GROB and PET depending on the situation The risk of the daughter being made bankrupt, predeceasing or divorcing and her mother’s assets being taken into account. A lack of any declaration of trust will make the mother’s position more difficult as she would have...

If you die without having made a will, your estate passes under the rules of Intestacy.  These rules set out a statutory prescribed order of who benefits under these circumstances.  The legislation does not include unmarried cohabiting partners.At TLS, we encourage everyone to put in place a will to ensure that your estate will go...

It is important that Lasting Power of Attorney’s (LPA’s) are put in place at a time before they become necessary. We advise clients to put them in place at the same time of making a will. If an LPA is not an option, there is an alternative. You could apply to the Court of Protection...

Many people are under the impression that making a Will is only for people above a certain age. But the problem is that death can occur at any time, and not planning ahead can leave your loved ones with additional tax and stress, that could have easily been avoided with a bit planning and forward...