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Latest blogs and legal updates

Why should you entrust your baby loss claim to Clarke Willmott?

The loss of a baby is likely to be the most life shattering, stressful and emotionally charged event in your life. You will experience a series of thoughts and emotions ranging from anger and upset, to denial and a need to search for answers. You will need experienced, expert and...

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Symptoms of memory loss and effects after brain injury

All brain injuries are different and will affect an individual in different ways. One of the potential consequences of an injury to the brain is memory loss. If somebody is experiencing memory loss after a brain injury they may be diagnosed with ‘Amnesia’, which simply means ‘a lack of memory’....

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An MOT for your Will?

We are used to taking care of our cars on a regular basis. Even if we decide to skip the service we are forced to have a yearly MOT to ensure the car is still roadworthy. But when it comes to our Will – arguably the most important financial document...

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Wills and Capacity

In a contested probate case, an elderly man changed his Will to disinherit those he had previously regarded as family and instead left his entire estate to an acquaintance. The family beneficiaries claimed that the elderly man did not know and approve of the Will’s contents because he did not...

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Lasting powers of attorney: top ten tips

Lasting powers of attorney (LPAs) are often associated with elderly people, but in fact everyone should consider making a property and financial affairs LPA. Accidents and illness can happen at any age and an LPA ensures that someone is appointed to deal with your financial affairs should you be unable...

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The inheritance tax residence nil rate band

The inheritance tax residence nil rate band: your questions answered We look at what you need to know about the inheritance tax residence nil rate band (RNRB) and how you can increase your entitlement. Inheritance tax saving In this tax year (2020/21) if you comply with the necessary requirements, the...

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Quick facts on living with brain tumour : Navigating everyday life

Being diagnosed with a brain tumour can feel like your world has changed from all recognition. Everything you know and are used to is suddenly uncertain and you don’t know what to expect or who to turn to. A diagnosis of brain tumour can not only impact you directly but...

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Intestacy and unexpected Inheritance tax bills

Over the years many celebrities have died without making a Will including Jimi Hendrix and Prince. The comedian, Rik Mayall, sadly died in 2016 without a Will leading to his estate reportedly facing a large inheritance tax (IHT) bill. Assets left to a surviving spouse or registered civil partner are...

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Making a lasting power of attorney – what to consider

An introduction to LPAs A lasting power of attorney, or LPA, is a legal document that allows you to appoint a person, or persons, to make decisions regarding health and welfare and property and financial matters on your behalf once you no longer have capacity to make those decisions yourself....

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Intestacy rules change but co-habiting partners still lose out

In 2014 major changes were made to the intestacy rules which apply when someone dies without leaving a Will. The amendments included an increase in the statutory legacy (the fixed sum of money that passes to a surviving spouse or civil partner on their partner’s death), to £250,000 with a...

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The dangers of homemade Wills

Saving money now could cost a small fortune in the future The sad demise of famous entertainers often seems to give rise to family arguments, and disputes over the estate’s assets are not uncommon. In recent years we have seen this played out in the estates of Michael Jackson, George...

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The short guide to a suspected brain tumour: Treatment and diagnosis

When someone is suspected of having a brain or spinal cord tumour, it can be very difficult. We’ve put together a guide to help you navigate through this tough journey. What to expect in the lead up to a diagnosis It is common for brain tumours to be diagnosed by...

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Testamentary capacity explained

One of the essential requirements for a Will to be valid is that the person making it (the testator) must have testamentary capacity. This means that the testator must have sufficient mental capacity to make a Will. If a Will is rational on its face, and correctly signed in front...

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Brain cancer signs, types and grades. Know yours.

The background to brain tumours In the UK, almost 11,700 people are diagnosed with a brain tumour each year. Whilst brain tumours come in all shapes and sizes; depending on type, location and stage – the symptoms can also vary widely. Tumours develop in different parts of the brain and...

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How to increase the effectiveness of your lasting power of attorney

Three crucial provisions for LPAs Lasting powers of attorney (LPAs) are vitally important documents: they give someone power to make decisions about your financial affairs, or to make decisions in relation to your personal welfare, after you lose capacity. LPA forms appointing someone to manage your financial affairs include sections...

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Psychiatric injury claims for nervous shock

Claiming for psychiatric injury as a secondary victim Since the case of Alcock v Chief Constable of Yorkshire Police was decided following the Hillsborough disaster in 1989, it has been well established that certain criteria must be met by the Claimant, to successfully bring a compensation claim for psychiatric injury...

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Making gifts under Power of Attorney: a guide for Attorneys and Deputies

Who are Attorneys and Deputies? An Attorney is an individual who has been chosen to act under a Lasting Power of Attorney or Enduring Power of Attorney to manage the financial affairs of a mentally incapable person. A Deputy is an individual appointed by the Court of Protection to manage...

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How pre and post nuptial agreements can help farming families

Protecting the family farm from divorce The current law for determining divorce financial settlements depends on the discretion of individual judges to apply certain factors and principles which are set down in statute and case law. This means that it is not possible to be absolutely certain as to the...

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Siblings and inheritance tax planning

The vexed question of the position of siblings under UK Inheritance tax (IHT) law has again come to the fore with the introduction by Lord Lexden, a Conservative peer in the House of Lords of a private members’ bill. If it becomes law the bill would mean that siblings who...

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Executors: beware of DWP claims against an estate

When DWP recover overpayments after death We have written previously in our Family Wealth blog about the necessity for executors of an estate to protect themselves from personal liability for estate debts. Being an executor of an estate is a demanding task and there are many pitfalls for the unwary...

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