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  • Its a cremation, but not as you know it!?

    Cremation by water looks as if it is going to be the new, sustainable alternative to traditional cremation. The process is quite simple. It copies what nature does when a body is buried by naturally breaking us down, but more quickly than burial. Ashes are left for the family to scatter as with a conventional cremation. Yorkshire Water have been granted the first wastewater consent to discharge in the UK which opens the door to cremation by water. It is environmentally friendly and will help the funeral industry to significantly reduce it's impact on climate change. Studies have shown that cremation by water poses no risk to the UK water network for the water which remains after the process has completed. For a short while during our first read about this new development we thought our remains would end up in the sewer. We were not sure how to word this in our wills when we dealt with funeral wishes as its not the same as being scattered on a tropical island to float away in the wind, is it??! On our second read we were pleased to note that our ashes can indeed be scattered on the luxury island. We breathed rather a big sigh of relief after our second read!! Whilst this is a new form of cremation and is not widely available if you would like more information give us a call and we can provide further information.

  • Are you thinking about retiring?

    Retirement planning is something that none of us actually really think about. We think about retiring and what we are going to do but do we really consider what this means. Most of us look at retirement as lazy days enjoying not having to be up for work, with the travel and stress associated with working, enjoying long walks and lunches and cold beer in the garden. Few of us think about the changes in life that will follow retirement. A quick review of your circumstances can put you in a good place for the foreseeable future. After all you took advice about what to do with your pension put before you retired to be prepared! There are five things that you should do. A general health check if you like! 1. Review your will Retirement is a good time to review a will. It’s what those of us in the business call a life changing event. You probably haven’t looked at your will for a while, or even since the kids were born so now is a good time to dust it off. Provision may need to be made for grandchildren or great grandchildren. Executors may have died if they were older than you or beneficiaries may not be around any more. There can be numerous personal reasons to review your will. This is before we even consider tax! The Inheritance Tax threshold can change on a yearly basis (although it hasn’t for a while). We have seen the introduction of the main residence allowance to increase Inheritance Tax allowances for individuals to a potential £500,000. More focus now days is being put on protecting assets against care charges. Do you know if your wills provide you protection for Inheritance Tax and care fees? 2. Make Lasting Powers of Attorney We spend endless amounts of money on insuring our house, car, hoover and washing machine against the what if. We take out insurance policies to provide our families with funds in the event of serious illness or death. What happens if something happens to you leaving you unable to make decisions for yourself that does not finish you off totally? If you have an unexpected accident, stroke or develop an illness you may lose the ability to make choices for yourself. In these circumstances lasting powers of attorney for health and property would enable your chosen individuals to make decisions on your behalf in the event that you cannot do this for yourself. Lasting Powers of Attorney cut through the nonsense at the time you need help and support preventing your family from struggling to access your bank accounts to pay bills. 3. Review your finances You should have reviewed your pension before retirement but have you had a look to see what the other assets you hold are doing. Is your money in the bank providing you with a good income and is this the best place to leave it or is there somewhere else that it might work better for you. Are you also receiving all of the benefits you are entitled to. Your income may have reduced now you are receiving retirement pensions so you could find you are entitled to benefits. A good Society of Later Life Adviser will be able to review your financial situation to make sure everything is at is should be. 4. The grandchildren! Often with retirement comes the added bonus of grandchild sitting! Did you know that if you are looking after a child under the age of twelve whilst their parent or main carer is still working you can claim national insurance credits. This may help in topping up any gaps in your national insurance contributions to help with funding your state pension. If you are in this situation why not see if this is something you could apply for by submitting an application. 5. Have a nose into care! Whilst this will not be on the top of your list you should make sure you have some understanding of what is out there should you reach a point where you need some help and support. Old age is now a thing of the past and to be honest the old adage “you are only as young as you feel” is right! Old age has moved. We used to think of old at 65! Now days you must need to be at least 100 and have stopped skydiving and abseiling and all high risk activities to be old. But, it does creep up on you. Do you know that you do not have to obtain care through social services. There are many of private companies which can support in many different ways if you need help and assistance. Funding is a minefield so if you have time to protect assets against care charges then why not look into it! This is our specialism. Why not give us a call to see how easy it is to put these things to bed so you can focus on the lazy, sunny afternoons with a gin and tonic. You can reach us any time on 01622 843729.

  • Remember the Hospice

    On 1 April 2020 we were due to begin our annual support for the Heart of Kent Hospice Make a Will month. We wanted to remind you we are still here and are still operating as normal, so, if you wanted to prepare a will and make a donation to the Hospice to help them with funding at this difficult time, we can still help. We are operating telephone and video call appointments to take instructions, emailing or posting draft documents for review and can co-ordinate signing of documents by post, in person or via video links. We know that now is a difficult time for everyone but perhaps this is a way of getting something completed on your list whilst helping others at the same time.

  • Can I stop a Grant of Probate from being issued?

    As part of a process to challenge a will you can lodge something called a caveat with the Probate Registry. The Probate Registry have just issued a new form called a PA8A to do this. You can stop an application for a grant of representation for up to 6 months. So, what are the reason you might wish to stop an application being granted. Here are some: •you think the person who made the will was being influenced by someone else or was not able to make their own decisions •you think someone interfered with the will or forged it •there is a more recent will •the will was not properly signed and witnessed •the person applying for probate refuses to share a copy of the will with you •you are in dispute with the person applying or you think they are not suitable to carry out the instructions in the will •you think the person applying is not eligible to apply if there is no will (see who inherits if there is no will) •you are entitled to apply but have not been included in the application •the person who died got married or entered into a civil partnership after the will was signed You should always try to come to an agreement with the person applying for probate before you stop their application as you may have to pay legal costs if you stop the application without good reason. Once your application is received, it takes one working day to stop applications in progress. If a Grant of Probate application is approved on the same day you make the request, it will not be stopped. But you will stop any future applications for probate made. If you are looking at lodging a caveat you are veering into the world of contentious probate. This is not something that Argo does but we do work with other great teams of people who do. If you are an executor and you receive notification from the Probate Registry that a caveat has been lodged it would be sensible for you to obtain legal advice at an early stage to find out how the caveat and potential issues that resulted in it being lodged could cause.

  • Maidstone Community Support Hub

    If you live alone or know a neighbour who is vulnerable or isolated you may want to register on the Maidstone Borough Council Community Support Hub. The Hub will be providing a co-ordinated response to help and provide and deliver essentials to people across the borough most in need. Specific focus is being given to food and medicines and other supplies . The Hub will be open Monday to Friday between 8.30am and 5pm. For help and support ring the Community Hub Triage team on 0300 303 1650 or via their website on www.maidstone.gov.uk/covidsupport

  • The right way to die?

    "For ourselves and for those we love most dearly, if a doctor told us that our chances of survival were slim, would we prefer to be kept alive possibly for just a few days more in a painful and humiliating way, on an incubator, or would we rather die at home, with those we love?" I have taken the opportunity, whilst in lockdown, to read more. More books, more new stories and more articles that I have put to one side in the hope that I will get to them one day. A news article that I read yesterday, by Robert Peston for ITV news, made me think about the discussions I have with my clients and the need to speak to my family about what I and they want in the way of a positive death. This is not just because I am concerned about what could happen but because I want my family to be sure they know my wishes in the event that I am critically ill. Even as I write this I am not sure "positive death" is the right phrase. I just want to be able to choose what happens to me and the manner in which it does. When I talk to clients I talk about the need to have a respect and dignity at the end of life, and having a voice when you might not be able to choose for yourself. These conversations normally take place in discussions around health and welfare lasting powers of attorney, advance decisions and do not resuscitate statements. In today's world these conversations are taking place because of coronavirus. The daily new briefings which show the rate of illness increasing and death tolls getting higher means we have to confront perhaps the hardest question any of us will ever face. In normal times, few of us want to dwell on better or worse ways to die. But these are not normal times. I know there are many of these conversations taking place in people's heads around the country, at the moment, but they really do need to be spoken out loud. We really do need to get rid of our British stiff upper lip and deal with the difficult conversations. These conversations are not just because of Coronavirus but could one positive effect of the virus be that we now start to really understand the wants and wishes of those close to us. Should you wish to read the article and use it as a starting point for a discussion I have attached the link below. https://www.itv.com/news/2020-03-30/covid-19-will-make-us-confront-how-we-want-to-die-writes-robert-peston/

  • What happens if you die together?

    This is one of those questions which stumps most of my clients. Strangely, it is not something that people seem to think about that often. In the absence of wills, in this situation, a deceased's person's estate could pass to a distant unknown relative or at worst, the state. In these circumstances the order of death becomes of paramount importance as the Intestacy Rules will determine the destination of assets. In these catastrophic situations statute intervenes to provide that, when two or more people die in circumstances where it is impossible to say who died first, the youngest is deemed to have survived the eldest. Therefore the estate of the eldest is administered first and distributed in accordance with their will, with the youngest estate being administered last, potentially inheriting from the estates of the older family members. On an intestacy where an intestate and spouse (or civil partners) die when it is impossible to tell who died first, and the eldest dies without making a will, they are deemed to have survived the younger. If a person makes a will this whole situation can be avoided! You include a survivorship clause in their will. By including a survivorship clause the final destination of assets can be jointly decided by the individuals making wills and the disposition of each estate will depend on their own Will, whatever disaster befalls. The will makes the decision about where things go, not statute. Anyway, perhaps after we all survive the Coronavirus we will have spent so much time with our families we will all be holidaying separately so we will never need to worry again!!

  • My wife gets everything if I die. Doesn't she?

    "Only if you have made a will and left everything to her" Claire said. He replied "she would have it anyway" because he had heard a man in the pub say so. Sometimes the only way forward is shock! The old rules of intestacy were very helpful with this when it was explained to a home-owning potential will maker that failure to leave a will could result in their widow having to sell the property to provide for their children. Before the change in the law earlier this year the shock factor worked rather well! The sting has been removed a little, given the rise in the statutory legacy but the argument still remains valid. When an individual does not leave a valid will their estate is distributed in accordance with a set of rules called the Intestacy Rules. These Rules are set out in legislation. They remained unaltered for many years recently they have been modernised with the latest amendments coming in February of 2020. Here is how they work:- Where deceased leaves a spouse/civil partner and child or children, the spouse/civil partner is entitled to a fixed statutory legacy. With effect for deaths on or after 6 February 2020, the fixed net sum is £270,000. Prior to this date it was £250,000. This is left to the surviving spouse. After this payment the surviving spouse receives all personal items of the deceased. The balance of the estate is then split so that half passes to the surviving spouse and half to the children of the deceased at eighteen. Now this, on the face of it looks okay but it means that a significant portion of the estate of the deceased does not pass to their surviving spouse. The frequent argument made by the reluctant will maker is that the children would not cause a problem if they were to inherit. Practice shows different as money changes people! With an interest in the estate after the statutory legacy, adult children may have their own views and be prompted by third parties to enforce their strict rights. If there are no children or grandchildren then the spouse/civil partner will take the whole estate. This is a significant improvement as, prior to 1 October 2014, potentially distant relatives would have had an interest in part of the deceased's estate. If this has not shocked an unwilling will maker it might be a good idea to let them know that in the future, when they ought to make a will, it might be too late as when people get older, their mental capacity diminishes. Its up to all of us to make sure that we make wills and that our spouses/partners have them too. Let's avoid the Intestacy Rules and make sure those you wish inherit your estate, even those rusty old tools in the shed!

  • I don't need to make a will!

    Everyone has something which will be left following their death, even if it is only their car or some jewelry. In the twenty years I have been doing this job I have never had a client walk out of my office after signing their will and get run over by a bus. Wills do not have to be complicated. It is the job of a lawyer to understand your wishes and the legal rules and explain these to a way to you that makes sense. A will does not have to take a long time to complete. We can take instructions, draft documents and get them signed within an hour if that is what you wish! So, in all honesty there is no reason not to make a will!! Here are some essential reasons to make a will:- • to avoid your assets being distributed in accordance with the intestacy rules which could mean, for instance, your spouse not inheriting all of your estate • to ensure that those you wish to inherit your assets on your death actually get them • to nominate executors of your choice to deal with the distribution of your estate in the certain knowledge that they will comply with your wishes • to nominate your preferred guardians of your children to avoid disagreements or family upsets • make small personal gifts • to take advantage of tax saving strategies Here are some specific personal reasons to make a will:- • to explain why a possible beneficiary is being excluded • to ensure the continuation of a family business • to ensure that 'first' and 'second' families are treated fairly • to reflect lifetime rearrangement of assets • to give specific guidance to executors You will need to give some thought to making your will before you do so have a think about the following:- Funeral arrangements You can specify whether you want your body buried or cremated. You can also state whether you are willing for your body to be used for medical research. You may have other particular wishes to be recorded here so make sure you take the opportunity to let your family know what you want. Me, I want my ashes to explode in a colourful firework once I am gone. Executors This is the person you appoint to safeguard your possessions, pay debts and ensure your instructions in the Will are carried out. An executor can be anyone, even a beneficiary, over 18 years of age. If you are leaving everything to one person, it is usually convenient to make them the only executor. With more complicated estates, and particularly where children are involved, it is advisable to have at least two executors but more can be unwieldy when decisions have to be made. In some cases it may preferable to appoint professional executors. Guardians If you are the surviving parent dies before you it will be necessary to appoint someone for the day-to-day care of your children who are under 18 years of age. You can appoint more than one person to act as guardian but you need to work out the rules ie who will your children live with, what role should a guardian have who does not have children living with them. Legacies You can leave monetary gifts or items to individuals. Monetary gifts need to be included in the will but you may wish to notify your executors of specific items you wish to leave. You say state the age at which you wish money and items to pass to your chosen beneficiaries. My sisters decided several years ago which items of jewelry they wished to have from me after my death! Residue This is what is left of your estate after payment of debts, legacies, any Inheritance Tax, and legal fees. If you own assets jointly with another then those jointly held assets will pass to the surviving co-owner. You are able to do many things with your residuary estate so it is important to take good advice. Now I have written this I want to hear no more excuses about making wills. It simply will not do!! Come and see us or give us a call. When Argo makes your will there is no pain, trauma or suffering. There is coffee, cake, laughter, bad jokes and comfy slippers - just as it should be!

  • No visitors to Maidstone Hospital from today

    As of 8am this morning Maidstone Hospital closed its doors to visitors. This is in order to protect their staff and patients. This is to carry on until further notice. They only exceptions to this are:- - patients receiving end of life care - one visitor is permitted for one hour to be arranged with ward staff by telephone - patients prior to needing ventilation - one visitor for a limited period of time to be arranged with ward staff by telephone - paediatric wards - one parent or carer to be with the child as agreed with ward staff - maternity departments - one birthing partner on labour ward - one supporting partner on the postnatal ward (must be the same person) - no visitors on the antenatal ward - no visit to attend scan or any antenatal appointment - no children permitted in any maternity department - neonatal unit - one parent at any time and no siblings - patients requiring individual carer support - carers will be permitted in agreement with ward staff Visitors will be provided with personal protective equipment according to individual circumstances. Maidstone Hospital has asked people not to enter hospitals under any circumstances if you are feeling unwell particularly if you are exhibiting coronavirus symptoms, you have a chronic illness or are 70 years old or over. Non urgent planned operations are being postponed from this week and the hospital team will contact everyone affected as soon as possible. The hospital team have asked for patience when telephoning the hospital when dealing with appointments as they are working as hard as they can.

  • Isn't modern technology great!

    In the early stages of business development we put in place a fantastic telephone system which allows us to have online video calls and conference calls with our clients. There is no need for us to book a slot with a telephone conferencing company as we have it in house. This system is allowing us to keep in contact with all our clients. Not only do they get to hear our voices but they get to see our smiley faces, which can make the world of difference to someone who has not seen anyone for days. In these strange times we have held conference calls for elderly mothers in care homes who want to speak to their families in different parts of the world. These calls are great and a huge surprise to mum who we never tell in advance! We have enabled some of our younger disabled clients who live in residential homes to speak to their parents, we are holding client meetings with multiple individuals and tomorrow we are having our first meeting with an elderly lady in a care home which has closed it's doors to visitors. Each of our elderly and vulnerable clients are receiving a weekly face to face call to see how they are doing. We are speaking with our contacts and third parties to make sure we are up to date with work being carried out by social services, hospital discharge teams and our local care agencies to ensure that we have up to date information for our clients. We have been able to comment on lovely wallpaper, meet the family pets, have meetings with people in their pyjamas and we are now working on an interactive dementia support group. We are not in isolation at all. We are making the most of engaging with our clients. We are sharing laughs and jokes and pyjamas! We are working as normal and due to the wonders of technology do not have to be two metres away!

  • Your NHS needs you!

    NHS Volunteer Responders has been set up to support the NHS during the COVID-19 outbreak. To do they need an 'army' of volunteers who can support the 1.5m people in England who are at most risk from the virus to stay well. Doctors, nurses and other professionals will be able to refer people in to NHS Volunteer Responders and be confident that they have been matched with a reliable, named volunteer. Once you have registered and checks are complete you will be provided a log-in to the GoodSAM Responder app. This programme enables volunteers to provide care or to help a vulnerable person, which is permitted under the new rules announced by the Government on 23rd March 2020. Volunteers must be 18 or over, and fit and well with no symptoms. Those in higher-risk groups (including those over 70, those who are pregnant or with underlying medical conditions) will be able to offer support by telephone. Safety is the priority. The majority of tasks can be undertaken while social distancing and volunteers will receive guidance through a 'getting started pack'. If you become ill you can pause your volunteering. Patient transport drivers will require an enhanced DBS check and will receive guidance to do this role safely, also included within the 'getting started pack'. For those who are able to volunteer it will ease the pressure and worry of those vulnerable members of our community. If you are in receipt of support from a Volunteer Responder please remember to manage your personal security. Do not give out personal data to the individual responder, do not provide bank details, pin numbers or handover relatives details, do not provide cash and do not invite them into your home for coffee!! Whilst the majority of these volunteers will be honourable and genuine it does not mean you should take any risks.

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