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Will
Power of Attorney
Laura Fontaine

Attorney Allowed to Take Over as Executor

It is commonplace for people to appoint siblings or friends as their executors. When they do and they are of a similar age, there is a risk element that when the person who has made the will dies, the proposed executor will have predeceased them or possibly lack the mental capacity to act as executor.

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Who Died First
Probate
Laura Fontaine

An Inheritance Dispute Who Died First

An inheritance dispute between two stepsisters hingeing on which of their parents died first has been resolved by the High Court, which ruled that the younger parent legally outlived the older. John William Scarle, 79, and Marjorie Ann Scarle, 69, died from hypothermia at their Essex home almost three years ago. Given the law governing

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Probate
Probate
Laura Fontaine

HM Courts & Tribunals Service Pushed Back

HM Courts & Tribunals Service has pushed back the final deadline for probate applications on paper following complaints from solicitors about issues with the online system. The grace period for the use of paper-based probate applications has been extended until 11 January 2021. Online applications officially became mandatory for professionals on 2 November, but some

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Inheritance Tax
Inheritance Tax
Laura Fontaine

HMRC warns of potential probate delays caused by IHT400

HMRC warns of potential probate delays caused by IHT400HM Revenue and Customs (HMRC) is advising executors and administrators not to submit their grant of probate or administration too early, as it could cause delays due to an issue matching up IHT400 and IHT421 forms. Inheritance Tax IHT400 When should you apply for a grant of

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Probate-News
Probate
Laura Fontaine

Administrator Ordered to Pay a £340k Tax Bill

Mr Glyne Harris acted as the Personal Representative on the £1.2m Estate of his late friend, Helena McDonald. Mr Harris decided to carry out the work himself instead of seeking legal advice, but he did not fully understand the Probate process or what his obligations were. Mr Harris completed the Inheritance Tax form and paid

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Inheritance Tax
Laura Fontaine

Hutchings v HMRC

This case is a strong reminder to anyone considering Do It Yourself probate. You are obliged to make the fullest inquiries possible about the estate. In particular about lifetime gifts made by the deceased before submitting the Inheritance Tax account. HMRC is taking a hardline approach to non-disclosure of lifetime gifts. Mostly because these gifts

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Probate
Probate
Laura Fontaine

Increase in Probate Cases

The increase the court service has received of around 500 extra probate applications per week in August than in the period before coronavirus, it revealed today as legal advisers are brought in to keep waiting times down. HM Courts & Tribunals Service received approximately 5,700 applications for grants of probate per week last month, according

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