A survey commissioned by the Law Society revealed that three quarters of those surveyed do not know what happens to their online presence when they die, and 93% of the 1,000 respondents who have a will have not included any digital assets. Only 7% of those surveyed responded that they fully understood what this meant.

Law Society president David Greene said: ‘Photos, social media accounts and emails from loved ones are often just as treasured as physical possessions – and yet very few people understand what happens to their digital assets or why it is important to include them in their will.’

There are several potential issues with overlooking the treatment of digital assets on death: it can block access to information needed by loved ones for probate, such as online back accounts, and prevent access to treasured assets such as family photos.

Although the pandemic focused the minds of many to such matters, causing a noted increase in the number of people making and updating wills, the survey recorded that only 29% of the respondents had an up to date will.

The clear message is to ensure that you have an accessible record of online passwords to ensure that your loved ones who are faced with dealing with your affairs are spared as much stress as possible at an already emotionally challenging time.

Now is a good time to start with some realistic resolutions and goals. Not the faddy diets and talk of exercise regimes we know we are unlikely to stick at for much longer than this first month but looking at putting our affairs in order.

There is no time like the present to look at making or reviewing your will: it may have been made a long time ago and circumstances will likely have moved on. You may have been putting it off until the right time. Whatever your reasons, the start of 2020 would seem like an excellent time to sort this out.

You may have experienced deteriorating health for yourself or loved ones and realised how important it is to be able to have reliable and trustworthy people in place to look after your best interests should this be needed, Again, now is an excellent time to explore making Lasting Powers of Attorney to cover both financial and health decisions.

You may have been recently bereaved and need some help in sorting out your loved one’s affairs.

If you are looking for legal help in any of the areas discussed above, please don’t delay, call RMP today on +441213184707 and ask to speak to someone in our Private Client Department

When a loved one passes, leaving a will, very often, disagreement arises because of the terms of that Will; sometimes there are concerns that the deceased didn’t have sufficient mental capacity to make a Will. Disputes can arise about who or what is included or excluded, and even whether or not there is a will at all. Naturally, emotions can run high and the only way to sort things out is by seeking expert guidance. Talking to someone who has experience of dealing with these difficult disputes can give you peace of mind.

There a number of reasons for contesting a Wil including: testamentary capacity, lack of valid execution, lack of knowledge and approval, undue influence, fraudulent wills and forged wills, and rectification and construction claims.  Disputing an estate is a complex area of law. A solicitor can advise you on whether or not one of these reasons is applicable to your situation.  If you dispute any part of a Will, or the entire estate, your solicitor can explain what your rights are; likewise if it is being disputed by another party.

Our specialist solicitors at RMP are experienced in challenging Wills and representing beneficiaries and/or Executors who are faced with a challenge to a Will.  Wills are commonly challenged on grounds that the testator (deceased) didn’t have sufficient mental capacity to make a Will, due to them suffering from a mental illness such as dementia.  A Will can also be challenged if a third party puts pressure on the testator to make a Will or change it in their favour (known as duress).  We will always adopt a sensitive approach with compassion and professionalism to ensure that you receive cost-effective advice and assistance.

Call us on +441213184707 to speak to one of our experts. There’s no charge for our initial chat and with no hidden costs and our same day response promise, you can get answers to your questions quickly and easily.

The Law Society is asking for examples of delays of over six weeks to emily.weidner@lawsociety.org.ukby Friday 16 August 2019. 

Delays can be very frustrating to both executors and beneficiaries.  Using an expert to carry out the probate process can help to reduce further delays that are within our means of control. 

For further information on our probate and estate administration services, please call us on +441213184707.

The award represents the regional Solicitor firm who has best proven all round excellence within the practice area of Wills, Probate and Estate Management. We have proven that we effectively engage with our clients through various channels be it directly, online or through panels.

In our application we were able to demonstrate the growth of the team, our approach to providing a high-quality service,  and our commitment to acting in the best interests of the client and the profession.  What may well have set us apart from other firms was our explanation of the particular activities and initiatives of Lis Whybrow, Head of Department, and her consistent engagement with the community and entities such as BrumYodo and STEP.

Congratulations to all of the private client team and those who have supported them!

The award represents the regional Solicitor firm who has best proven all round excellence within the practice area of Wills, Probate and Estate Management. They effectively engage with their clients through various channels be it directly, online or through panels.

As a short-listed firm, we were able to demonstrate the growth of the team, their approach to providing a high-quality service,  and their commitment to acting in the best interests of the client and the profession.  What may well have set us apart from other firms was our explanation of the particular activities and initiatives of our Head of Department, Elisabeth Whybrow, and her consistent engagement with the community and entities such as BrumYodo and STEP.

Well done to all of the team, and especially Lis, for throwing the spotlight on RMP in such a positive, high-profile manner.  We will all have our fingers crossed!

After the death of her partner of 23 years, Siobhan McLaughlin from Northern Ireland challenged the current law which stopped unmarried couples with children getting financial support following the death of their partner. Widowed Parents Allowance (WPA) is available to married couples or those in civil partnerships where the partner died before April 2017. In April 2017, WPA was replaced by Bereavement Support Payment, however, unmarried couples were still not eligible to claim. Had Siobhan and her partner, John Adams, been married she would have been able to claim WPA.

The UK’s Supreme Court ruled that this was incompatible with human rights law. Lady Hale delivered the majority decision, stating “it is difficult indeed to see the justification for denying people and their children benefits, or paying them at a lower rate of benefit, simply because the adults are not married to one another. Their need, and more importantly their children’s needs, are the same.”

This decision is likely to put pressure on ministers to consider changing the rules concerning bereavement support payment. This should benefit a great number of families given that the number of unmarried cohabiting families in the UK is rising. At present there are some 3.3 million cohabiting couples in the UK, 1.2 million of which have children. The ruling of the Supreme Court will doubtless lead to a significant change in the law for cohabiting couples and their children.

If you have lost a partner or close family member or friend recently and need advice please contact a member of our Private Client team who will be happy to help. Don’t delay, call RMP today.

Recently it was revealed that the Government made a record £5.2 billion from Inheritance Tax due, it is thought, mainly to the house price boom. This is the first time income from Inheritance Tax has passed the £5 billion mark. It is expected that this figure will continue to increase year on year, despite complex rules introduced by the Government last April to enable £1 million assets to be passed on by married couples if they leave their family home to their children tax free on death.

In fact, Inheritance tax free band has remained frozen since 2009 at £325,000.

There are complicated downsizing and transfer rules that can be applied to maximise this Residence Nile Rate Band which is being staged in over the next couple of years. Currently the limit of a married couple leaving the family home to their children is £125,000 on top of their tax-free band and only if their home is not worth above the required values. The full additional allowance of £175,000 is not available until April 2020.

The Government introduced these complex rules to honour a promise to raise the Inheritance Tax limit to £1 million but in fact not everyone is eligible for the total tax free allowance, only those with children.

So much for simplifying the tax rules! However, a review of the system has been made and it has been suggested that the Chancellor’s autumn statement could do just that: simplify the way inheritance tax works so that it is understandable by all and applicable to all.

However, with proper advice and careful planning it is still possible to minimise or avoid exposure to Inheritance Tax, through lifetime giving and the careful passing on of assets on death.

Call and make an appointment with our Private Client Team at RMP if you want some advice on +441213184707.

At RMP we understand how hard it is to have these important conversations and face up to the reality of death for ourselves and how this may affect our loved ones. Even though death is a fact of life, it remains an unspoken fear in many of us: so much so that we find it hard to address let alone plan for its inevitability.

Furthermore, we are all living longer, and dementia and general deterioration in physical and mental health seem often to accompany our aging.

With this in mind, RMP invite you to step back, take a deep breath, and plan for the inevitable and consider how to best protect and provide for your loved ones; both on your death and also in case of loss of mental capacity.

It is no good leaving things unspoken and undocumented, or documented in the wrong format. If the paperwork isn’t legal it inevitably won’t work, and even if it does work it may not actually achieve what you intended. This can leave families with real heartache and, where families are at odds with one another or may simply be unable to reach an agreement, costly and time-consuming legal work can be required to put things right.

Neither death nor mental incapacity are attractive propositions, but one is a definite for us all and the other is a possibility for many of us, even if not directly then maybe for someone we know and love.

None of us know what the future holds, but addressing these issues in a timely manner brings peace of mind, and the knowledge that we have done all we can to care for our nearest and dearest.

This is one of the greatest gifts you can give to your family: by making sure they are properly provided for, not only whilst you are around and able, but even should you lose your capacity or pass away.

At RMP we can help you through the process of making a will and lasting powers of attorney as well as helping you, should someone close to you have lost capacity, through making a deputyship application. If a loved one has recently passed away we can also help you through the process of winding up their affairs and distributing their assets correctly.

We have a friendly team of professionals who are dedicated to helping you plan for the future and suggest that you give us a call today for an appointment if you want to discuss any of the above further.

Don’t delay, call RMP today, on +441213184707.

Ten days ago, the Conservative Manifesto announced that, if re-elected, it would leave people receiving state funded care with a maximum of £100,000 of their assets. Rather than a celling, May had announced a floor. There was no upper limit to the funding for care that individuals may have to pay to fund their social care. This was totally contrary to what David Cameron promised only two years ago, which was a cap on a maximum amount any person in care would be forced to pay. The cap then discussed, but never implemented, was £72,000.

The Tory’s then back- tracked only a few days later, after negative publicity. They have now said they will revert to a cap, although the amount of the cap remains unknown. Yesterday, when questioned, she specifically did not give a figure or an indication how this could be funded.

This policy is likely to be funded by means testing winter fuel payments, as well as a likely tightening of the charging structure for social care. Tax increases may well follow.

Social care is a costly and distressing reality that many people face today as they grow older or have elderly relatives needing looking after. At RMP , we can ensure your affairs are in order both now and after your entry to care. We will address issues that concern you, and explore ways in which you can legally fund social care and what you may or may not be entitled to.

Please talk to someone sooner rather than later.

Don’t delay, call RMP Today.  You can contact one of our professionals from the Private Client team on +441213184707.