A significant rise in inheritance disputes largely due to people instructing incompetent or unqualified advisers for will writing or later amendments is happening.
Share This:-On the 31st July 2020 the Prime Minister’s Office announced that Her Majesty The Queen had been pleased to approve the appointment of Sir Geoffrey Vos as the Master of the Rolls from the 11th January 2021 in succession to Sir Terence Etherton.
It is interesting to note that 6 out of 7 of the most recent incumbents of this judicial office have been of the jewish faith the others being Lords Woolf, Phillips, Neuberger and Dyson.
We find that jewish solicitors are often particularly sought after because of their perceived quality traits of intelligence, shrewdness, toughness and integrity.
If you are looking to find such a solicitor please do not hesitate to call us.
Share This:-House prices are beginning to rise as we ease out of lockdown commensurate to the growth observed in recent pre-Covid times. There were nearly half as many more inheritance claims in the High Court last year compared to the previous year. People have been alerted in this regard due to a few proceedings that have been well publicised.
Share This:-Disputes concerning inheritance matters are increasing amongst families leading to court proceedings often in the High Court. This is due in some part to people writing their own wills rather than having one professionally drafted by a solicitor and also by people attempting to administer an estate, as an executor, and not receiving professional assistance.
Home made wills are a legal minefield and can contain omissions, errors and serious ambiguities.
Share This:-“I’ve Been Disinherited By My Parents Will” is a common cry for help we at the Solicitors Information Service have been hearing recently.
People unable to get onto the property latter and an ageing population with rising levels of dementia are the key factors boosting a rise in disputes over wills. The recent Supreme Court case Ilott v The Blue Cross and others has confirmed that a will should be left intact unless exceptional circumstances prevail e.g. as provided in the Inheritance (Provision for Family and Dependants) Act 1975.
Legal commentators have predicted a massive surge in court cases as people try and test out whether they have a valid claim.
Share This:-A recent case has highlighted the need for a reputable solicitor to be instructed when preparing a will.
The client approached a well known high street bank and was charged £90 for its will writing service. This service is unregulated. The client passed away last year and left half of his property in his will to his daughter. However he jointly owned the property with his wife who was not his daughter’s mother. Due to this joint ownership the property passed in whole to his wife. For the will’s provisions and the client’s intentions to be met the joint tenancy would have had to have been severed by a notice of severance at the time of executing the will.
The daughter is now suing the bank for her share of the property’s value in the High Court.
Share This:-The policy of wills must be reformed to prevent people being ripped off, the Legal Ombudsman has actually cautioned.
Around 180,000 wills are written by non-lawyers every year, and are exempt from the complaints handling body. But a report by the Legal Ombudsman has actually gotten in touch with the government to open up their services to those utilizing non-regulated providers.
A Ministry of Justice representative said more could be done however more policy was not always the response.
‘Room for improvement’.
A spokesperson stated: that when people write a will it is very crucial for them to have peace of mind that their affairs will certainly be dealt with how they desire them to be. That is why we have actually agreed with the Legal Services Board that there is space for improvement in this area.
However we are not persuaded that regulation is the best way forward – we believe other options should be explored initially, including much better guidance for professionals and making better use of existing consumer info and security.
The Legal Ombudsman’s report declared that wills and probate were the 3rd greatest source of received problems, which the marketplace was “dealing with a variety of quality concerns.
It concluded that all customers of wills and probate provider need to have access to redress.
‘Ripped off’.
Excessive costs, hold-ups and a failure to follow instructions were a few of the usual issues dealt with. However the independent body is only enabled to take on wills prepared by regulated service providers.
It stated that a lack of regulatory oversight implied that customers could be entrusted no alternatives if they were “swindled by the provider.
Chief Legal Ombudsman Adam Sampson said: that wills can be prepared by anybody in concept. For people on a spending plan, this develops headaches about the standard of service one might reasonably anticipate. It likewise implies some individuals will certainly have access to help if things fail, while others will not. We want the government to at least consider a voluntary ombudsman plan into which company can opt themselves. Provision currently exists for the Lord Chancellor to make this happen.
Claims for mishandling a deceased estate rose three-fold in 2013, with 368 claims lodged in 2013 compared to 107 in the previous 12 months, according to figures from the Chancery Division.
Last year, Justice Secretary and Lord Chancellor Chris Grayling declined the advice of the Legal Services Board to make will certainly composing a reserved legal activity.
Initial post on http://www.bbc.co.uk/news/uk-29634380.
Share This:-