There are so many technical terms in will drafting which, if used incorrectly, can cause a whole load of trouble for your executors. We have spent some time in previous articles looking at some of these and why it is important you understand what they mean. Today, we are going to look at the residuary estate or the residue as it is sometimes called. This is the last main term that I think you need to know about when making a will. For those of you who know me I like to give visual images when I explain what I do. They clearly work as I have often heard my clients explaining complicated terms to family members by using my visual images. Today we are going to talk about pies! Pick your favourite, savoury or sweet. For the purpose of this exercise it doesn't matter! What is a residuary estate? When a person dies their money, investments, property and personal things go into one big mixing pot for the executors to sort. The administration process proceeds until the pie is baked and it needs to be divided. Some parts of the pie have to be handed out before others as this is set out in law. Specific gifts - my engagement ring Cash legacies - five thousand pounds to my nephew Freddie Funeral expenses, debts and taxes are paid The bit of the pie that is left is called the residue. Everything that is left after specific gifts, cash legacies, taxes and debts are paid. Put simply it is everything left in the estate which hasn't specifically been given away in the will. Why does the residue matter? This is often the biggest chunk of the pie so deciding who gets it is a big deal. If the gift of the residue is not clearly dealt with in a will it can get very messy. There could be family disputes, parts of the estate not having a home to go to, distant family members inheriting. All these are easily avoided if time and care is given when the residue clause in your will is drafted. How can I avoid getting it wrong? First of all, take professional advice, but I would say that! Apart from that the first rule is don't make it complicated. Look at who is important to you and write down the order of importance Consider whether you wish the most important person to receive the most or whether it is different - the most important person may be extremely wealthy and not need any more money Look at how you want to divide the residuary part of the pie - do you want to leave things equally between your important people, do you want to split things into percentages and what happens to any bit of your estate if someone dies before you - where does it go instead? So, for example :- I leave my residuary estate equally between my three children I leave my residuary estate 50% to my wife, 25% to my son and 25% to my daughter I leave my residuary estate to my wife but if she has died before me equally between my two children Doris and Humphrey When I advise my clients I ask them to look at the pie as one thing. A total amount, rather than individual items. It just makes life easier. If you know how much you have you can then work out how much everyone gets rather than trying to find a home for everything you have. When you know how much you have you can then allocate a percentage to a gift rather than a specific amount. This way, if your estat Slice of estate pie e goes up or down, all of your important people receive more or less. The last thing I ask my clients to look at is making sure that round pie dish has no gaps in it. We want your estate to flow in a lovely circle. If your wife dies, who inherits the bit of the pie she would have got. Is it your children? What happens if they have died before you? Are you thinking about your grandchildren? If you think you might need some help in sorting your will I am on the end of the phone and happy to speak in our 15 minute first aid slots if you would like to!

Let's talk about personal chattels. A what? I hear you ask!! This is a legal term that pops up in wills but often leaves people scratching their heads. What is a personal chattel? In plain English, personal chattels are all the personal possessions that someone owns basically, the "stuff" in their home that isn't money, investments or property. Think of things like: 🛋️ Furniture - that comfy old armchair or the dining table where everyone gathers 💍 Jewellery - Grandma's engagement ring or that gold watch that's been in the family for generations 🖼️ Artwork - whether its a priceless painting or your child's first masterpiece! 🚗Vehicles - the car on the driveway (but not a commercial van used for business) 📚Books and collectibles - that beloved book collection, vinyl records or anything treasured What isn't a personal chattel? Money, savings or investments - these fall into financial assets not chattels. Business assets - if something is owned for work purposes, it is not usually not classed as a personal chattel. Land or buildings - Your house is a property, not a chattel even if its packed with personal chattels inside. However, a park home which may be your main home is a personal chattel! This could be a really big mess if your personal chattels are left to different people to your home or the rest of your estate! Why does this matter in a will? When writing a will, many people say " I leave my personal chattels to...... " without realising what that actually covers. If you don't specify what should happen to certain sentimental items, family disputes can arise. The use of this phrase can lead to all sorts of muddles. Is it the vintage Jaguar dad had in the garage a personal chattel or a classic car which is a collectible? Does my husband think that the expensive power tools he uses for work are his personal chattels or are they in fact business assets? A well-drafted will makes it clear who gets what, preventing confusion and potential fallouts. And, take it from me, there will be fallouts. I have seen more arguments over personal chattels than I have over money! Can you leave a list of who gets what? Yes! A lot of my clients prefer to have a separate letter of wishes alongside their will. This way, they can update who gets their sentimental items without needing to change the whole will. It's flexible and avoids unnecessary legal costs, but to do this the wording needs to be right to allow the executors of your will to give your personal stuff away. Final thought Personal chattels may seem like "just stuff" to anyone else but these are often the most sentimental things people leave behind. A bit of careful planning could prevent the argument fuelled by grief, guilt, anger and sadness from bubbling out of all control at a time when families need each other the most. Need help sorting it all out? Give me a call. Personal chattels

Every parent with children under the age of eighteen needs to think about this, even though you may not want to. You absolutely need to. No-one wants to wake up in the morning and think today I need to work out what to do with my kids when I die, but naming a legal guardian in your will is one of the most important decisions you’ll ever make. It’s about making sure your little (or not-so-little) ones are cared for by the right people if you’re not around. This is not a decision you want left to chance. What Happens If You Don't Name a Guardian? Let’s say something happens to you. If you haven’t named a legal guardian, the decision of who raises your children will be left to the courts. This means strangers will be deciding who takes on the most important role in your child’s life and while they’ll do their best to choose someone suitable, it might not be who you would have picked. In the meantime, your child could end up in temporary care while everything is sorted out. The process can be stressful, time-consuming, and emotionally draining for everyone involved, especially your child. Who Should You Choose as Guardian? This is a big decision, so take your time and consider: 🔹  Do they share your values?  Will they raise your child with the same beliefs, traditions, and principles that are important to you? 🔹  Are they emotionally and financially stable?  Guardians don’t have to be wealthy, but they do need to be capable of providing a secure home. 🔹  Are they young/healthy enough to take on the role?  Your parents might be amazing, but if they’re older, will they realistically be able to care for a teenager in 10 years? 🔹  Do they already have children?  If so, would your child fit in well with their family dynamic? 🔹  Where do they live?  Moving schools, cities, or even countries can be a huge adjustment for a child who’s already going through a difficult time. Common Mistakes People Make 🚫  Not naming a guardian at all.  Let's avoid the care scenario, shall we! 🚫  Assuming family will “figure it out.”  It is possible that people will argue about who looks after your children, surprising, I know! Without legal instructions, family members might argue over who should step in, leading to unnecessary stress and conflict. 🚫  Choosing someone just because they’re family.  Your sibling might be a great person, but are they actually great with kids? Pick someone based on ability, not just relation. 🚫  Forgetting to review your choice.  Life changes. Relationships shift. People move. Circumstances evolve. Review your guardianship decision every few years. Should You Appoint More Than One Guardian? You can name backup guardians in case your first choice is unable to take on the role. You can also split responsibilities; one person could handle day-to-day care, while another could manage finances (if, for example, one person is better at parenting and another is better at handling money). How Do You Name a Guardian? It’s really easy. All you need to do is include your chosen guardian in your will. If you already have a will, but it doesn’t mention guardians, don’t panic! You can update it at any time. Final Thoughts Your kids are the most precious part of your life, and making sure they’re cared for by the right person is something you can control. Don’t leave it up to chance or a courtroom. Take five minutes to think about the best person for the job and make it official. Need help sorting it out? You know where to find me!

Let’s talk about something that doesn’t always get the attention it deserves: choosing your executors. I get it. When writing a will, most people focus on who gets what. Who’s inheriting the house? Who’s getting the family jewellery? Who’s getting the dog (because let’s be honest, that’s the most important thing)? But the most important decision you’ll make isn’t about who gets what, it’s about who makes it happen. That’s your executor, and picking the right one can make all the difference. What Does an Executor Actually Do? An executor is the person (or people) responsible for sorting out your estate after you die. It’s a job that involves a bit of everything: ✔ Sorting through paperwork  ✔ Paying off debts and taxes  ✔ Applying for probate (if needed)  ✔ Distributing your assets according to your wishes  ✔ Keeping the peace between family members (this one is crucial) It’s a big responsibility. They’re not just handling money and the legal stuff, they’re managing your entire legacy. So, you need someone who’s not too emotional, can take a step back and look objectively when making decisions. Who Should You Choose? A lot of people automatically pick their spouse or eldest child, and sometimes that works. But before you go with the easiest option, ask yourself these questions: 🔹  Are they organised?  This job requires dealing with paperwork, deadlines, and official forms. If they can’t find their own car keys half the time, maybe not the best choice. 🔹  Are they good under pressure?  Losing a loved one is emotional, and executors often have to deal with grieving family members (some of whom may be unhappy with the will). You need someone who can stay calm and keep things moving. 🔹  Do they have the time?  Being an executor can take months or even years depending on the complexity of the estate. If your chosen person is already overloaded, it might not be fair to put this on their plate. 🔹  Do they understand the job?  They don’t need to be legal experts, but they should be willing to seek advice and follow the rules. Common Mistakes People Make 🚫  Choosing someone just because it "feels right."  Your best friend might be amazing, but if they’re terrible with money and organisation, this isn’t the role for them. 🚫  Only naming one executor.  What if they can’t or don’t want to do it when the time comes? Always name a backup! 🚫  Picking someone too old.  If your executor is much older than you, there’s a chance they won’t be around when they’re needed. 🚫  Forgetting about family dynamics.  If your kids don’t get along now, making them joint executors probably won’t improve things! Should You Choose a Professional Executor? I know that my people think that lawyers are far too expensive. I know that sometimes it can feel as if they do not understand your needs. If your estate is complicated or you don’t want to burden family or friends you can appoint a professional executor, like me. They handle all the admin, make sure everything is legally sound, and most importantly they’re neutral. This can be a great option if: ✅ You have a blended family or complicated relationships  ✅ Your estate involves business assets, overseas property, or tricky finances  ✅ You just want to make life easier for your loved ones Alternatively, if you do not want to appoint them to be "in charge" your executors can instruct them to act in relation to the administration to work alongside your family members to ensure your wishes are fulfilled. Final Thoughts Your executor is the person who brings your final wishes to life. They need to be capable, trustworthy, and ready for the responsibility. Choosing the right one can make the whole process smoother for everyone involved. Executor finding out about the assets in your estate If you’re not sure who to pick, let’s have a chat. I can help you figure out the best option for your situation because a well-chosen executor means peace of mind for you and your family.

You may not know you even have one in your will. If you drafted your own will chances are its missing. If your will was drafted by a lawyer it may be there but do you know what it does? Let's look at it more closely so you can understand why it is included in a will.  Survivorship clauses are actually one of the most useful clauses you can include in a will.  Not that I want to say you must have a lawyer draft your will but this is one of the reasons why you should! A survivorship clause   says a beneficiary must survive the person who made the will (the testator) for a certain period, often 28 or 30 days, before they can inherit. Why do we need to say this, because life can be unpredictable. Sometimes, two people die very close together from being in an accident or a broken heart from losing their life partner, and without a survivorship clause, things can get messy. Examples Imagine this: 💡  Scenario 1  – Jack and Jill are a married couple, and Jack leaves everything to Jill in his will. But what if, when Jack falls down the hill he doesn't just break his crown but dies because of his fall? Jill, as we know, tumbled down the hill after Jack. But just a few days later, due to her injuries, Jill also dies. Jack's will didn't have a survivorship clause. Under the law which governs this area Jack’s entire estate would first pass to Jill because he died before her. It doesn't matter that Jill only had the benefit of Jack's estate for a few days before she dies. When Jack died his assets immediately become part of Jill's estate. That means her will (or intestacy rules if Jill doesn’t have a will) will decide where Jack’s assets end up. That might not be what Jack wanted at all! 💡  Scenario 2  – Let’s say you’re leaving everything to your children equally in your will. If one of them sadly dies shortly after you, would you want their share to go straight to their children (your grandchildren) or should it be divided among your surviving children? A survivorship clause would help to ensure that what you wanted to happen does.  Benefits of including a survivorship clause ✔  Prevents Unintended Inheritance Transfers  – Without one, your estate could accidentally pass through multiple estates, causing legal and tax headaches. ✔  Avoids Double Probate Costs  – If two people die close together, probate may have to be done twice. A survivorship clause can avoid this extra time, stress, and expense. ✔  Reduces Tax Issues  – If assets transfer unnecessarily between estates, it can create additional inheritance tax liabilities. A survivorship clause can help keep things tax-efficient. ✔  Gives Clarity and Control  – It ensures your estate is distributed in a way that makes sense, rather than being left to chance or intestacy rules. How Long Should the Survivorship Period Be? Most survivorship clauses specify 28 or 30 days, but you can choose a longer period if you prefer. Some people go for 60 or 90 days, particularly if they’re worried about tax or probate delays. Just remember, if a beneficiary doesn’t survive you by the required period, the law considers them to have died before you so they will not inherit. Their inheritance will usually pass to whoever is next in line in your will (which could be their children, siblings, or another named beneficiary). Did Jill inherit from Jack by survivorship after his fall? Do I Have a Survivorship Clause in My Will? Good question! If you don’t know, it’s worth checking. If your will was drafted professionally, there’s a good chance it’s already in there . But if you’re unsure, or if made your own will it’s best to have it reviewed. If you’re in the process of making a will now, ask about including a survivorship clause. It’s a small addition that can make a huge difference. Final Thoughts A survivorship clause might not be the most exciting part of a will, but it’s one of those little details that can prevent big problems later on. Estate planning isn’t just about deciding who gets what, it’s about making sure it happens in the smoothest, most efficient way possible. This is why, as unpleasant or expensive as you think it will be, you should seek professional advice from a lawyer when making your will!! You are investing in your family's future security not just spending money on things you don't need.

Have you ever been asked to be someone's executor? Did you take time to find out what you will actually need to do or did you happily say yes? Have you made the right decision?  You’ve probably heard the term before—maybe even been asked to be one—but what does an executor really  do? And more importantly, what does it feel  like to be in this role? Let’s unpack it together, because I promise, this is a topic worth understanding. The Basics: Who Is an Executor? An executor is the person named in a will who takes charge of sorting out someone’s estate after they die. It might sound straightforward, but there’s a lot more to it than simply distributing a few belongings. Being an executor means you’re trusted to manage the legal, financial, and sometimes emotional aspects of tying up someone’s affairs. I often say that being an executor is part administrator, part detective, part therapist. It’s a big responsibility, and while it can be rewarding, it can also be overwhelming without the right support. So, What Does an Executor Actually Do? Let’s get into the nitty-gritty of what being an executor involves. Here’s what’s typically on their plate: Locate the Will  The first step is to find the original will and confirm that you’ve been named as the executor. This is the document that outlines the deceased person’s wishes, so it’s the cornerstone of everything you’ll do. Register the Death  This involves obtaining the official death certificate, which you’ll need to deal with banks, legal documents, and other institutions. Apply for Probate  This is one of the big ones. Probate gives you the legal authority to manage the estate, allowing you to access bank accounts, sell property, and settle debts. It’s a process that can be daunting without proper guidance, but it’s a critical part of the role. Identify and Value the Estate  You’ll need to figure out exactly what the person owned—everything from bank accounts and property to sentimental items—and determine their value. Pay Off Debts and Taxes  Any debts the person owed need to be settled from the estate, and inheritance tax may also need to be calculated and paid. This step can sometimes feel like a puzzle, especially if the financial affairs are complex. Distribute the Estate  Finally, you’ll distribute what’s left of the estate to the beneficiaries according to the will. This can be the most fulfilling part of the role, as it’s when you see the wishes of your loved one come to life. But Let’s Be Honest… It’s Not All Paperwork While the practical tasks might sound overwhelming, being an executor also involves navigating emotions—yours and others’. You may be grieving yourself while also supporting others who are mourning. Family dynamics can come into play, particularly if the terms of the will aren’t what people expect. This is why I always say: being an executor is as much about compassion as it is about legal and financial matters. You’re not just managing an estate; you’re steering someone’s legacy. That’s a big deal, and it’s okay to feel the weight of that. Do You Have to Say Yes to Being an Executor? Here’s the thing: you don’t have  to accept the role of executor. It’s a big responsibility, and it’s perfectly okay to decline if you feel you’re not the right person for the job. The important thing is to understand what’s involved before saying yes. If you do decide to take it on, know that you don’t have to do it alone. There’s professional support available (hi, that’s me!), and having someone guide you through the legal and administrative process can take a huge weight off your shoulders. Thinking Ahead: Choosing the Right Executor If you’re writing your will, choosing the right executor is one of the most important decisions you’ll make. Pick someone you trust—someone who can handle the practicalities while also respecting your wishes. It’s a good idea to speak to them first to make sure they’re comfortable with the role. Sometimes, people choose a professional executor, like a lawyer, to handle everything. This can be a great option if your estate is complex or if you want to reduce the burden on your loved ones. Final Thoughts: It’s About Heart, Not Just Duties Being an executor is a job that comes with a lot of responsibility, but it’s also a role of trust, love, and honour. Someone has chosen you because they trust you and know you will do the right thing. If you’ve been asked to be an executor and feel unsure about what’s involved, or if you’re planning your will and need help choosing the right person, let’s have a chat. I specialise in making these processes simpler, more personal, and far less intimidating. Because at the end of the day, this isn’t just about legalities—it’s about ensuring peace of mind for you and those you love. And that’s what matters most.

Estate planning, from wills to trusts and beyond, is loaded with legal complexities and emotions. Yet, it often begins with the seemingly simple task of will writing. The allure of DIY will kits, online services, and even writing a will from scratch can seem appealing - after all, its just drafting some text, right? The truth is far more intricate. Just as you wouldn't perform open heart surgery on yourself, the creation of a will demands professional assistance and guidance. Understanding the complexities of wills Beyond the basic function of distributing assets, a will is a legal document that evolves in sync with life's circumstances. It touches upon areas that, when dissected, are incredibly complex. These areas often include:- Tax planning: lawyers knowledgeable about tax and wills can optimise tax arrangements within a will ensuring that beneficiaries do not pay more tax than they need to. Care planning: For individuals with unique needs, a lawyer can integrate care provisions into the will to secure a stable future. Marriage and divorce: the status of a will can change drastically upon marriage or divorce, which can revoke a will or leave uncertainty over beneficiaries. Children and guardianship: naming and providing for children, as well as choosing their guardian, requires a delicate approach to prevent future trouble. Health and disabilities: in the case of incapacity due to health issues or disabilities, a will planned by a lawyer can include trusts and other provisions that uphold and individual's wishes. You will also benefit from advice about other important areas concerning care. Through in-depth consultations, knowledgeable lawyers customise wills to capture these and other crucial life considerations. A personalised and legally robust will is a line in the sand for the orderly passing of wealth and the implementation of wishes. Navigating legal frameworks and loopholes Laws around wills constantly move and shift whether it is through changes in legislation or case law determined by Judges in Court. They shift with lifestyle trends and, at times, can change drastically within a relatively short period. Lawyers are on the front line, constantly learning and developing new skills, interpreting new laws and possess a keen understanding of the funny quirks that appear from time to time. They skilfully draft wills that are not only in line with current legislation but also anticipate and mitigate potential loopholes or areas which could develop in to family arguments in the future. In the absence of that professional knowledge, using DIY methods or non regulated will writers may inadvertently leave wills open to disputes, contests or even invalidity which then jeopardise the desired outcomes. Stakes are high when making a will as it is usually too late to rectify mistakes found which can lead to spending inheritance on fighting family battles or correcting mistakes. Emotional support and objectivity Making a will is an emotional exercise, steeped with superstition and worry. It leads to contemplating our own mortality and what and how we want to leave things behind. A lawyer's role here extends to more than just a legal drafter, they provide an emotional platform for clients to express and work through their thoughts and feelings. This support allows a more balanced, comprehensive and objective outcome. Lawyers serve as the "devil's advocate" seeing different viewpoints and positions of potential beneficiaries which can be vital when complex family dynamics are involved. The lifetime of legacy A well crafted will, written with the guidance of legal professionals is an enduring document that will handle anything that comes its way. It will have foresight and flexibility and will be able to deal with life's twists and turns. A will is just one part of comprehensive estate planning for a happy and worry free retirement. This is the polar opposite to a will drafted without thorough legal review which may fail to adapt to the ebb and flow of life but could also become unrecognizable in the face of changing laws. The financial question Yes, there is a cost to a will but it is an investment not an expense. A will invests in the future safety and security of your family. It invests in ongoing harmony after you have gone. The short term cost pain for long term gain is what is relevant when making your will. The benefits you will get from a well drafted will far exceeds the costs to make it and the expenses which could be incurred from a challenge by a disgruntled beneficiary or an argument about your capacity to make the will in the first place. If you want to see how easy it is to make a will and to speak to someone who wants you to invest in your future give us a call on 01622 843729 for a free first aid call, so you can see for yourself what help is on offer.

Frontotemporal Dementia (FTD) is not one of the common dementias we hear about but it is a significant form of dementia that deserves more attention. Frontotemporal dementia, also known as frontotemporal lobar degeneration (FTLD), is a group of disorders under the Dementia umbrella, which cause degeneration within the neuron in the brain. These disorders primarily affect the frontal and temporal lobes of the brain. Unlike Alzheimer's disease, which primarily affects memory, FTD primarily impacts behaviour, language, and executive function. It often strikes individuals at a younger age, typically between 40 and 65 years old, although it can occur later in life as well. Types and Symptoms: There are several subtypes of FTD, each characterized by individual symptoms: Behavioural variant FTD (bvFTD): This is characterized by changes in behaviour, personality, and social conduct. Individuals may exhibit socially inappropriate behaviours, impulsivity, apathy, or a lack of empathy. Primary progressive aphasia (PPA): PPA primarily affects language abilities, leading to difficulties in speech, comprehension, and word finding. There are different variants of PPA, including non-fluent/agrammatic variant, semantic variant, and logopenic variant. These mouthfuls are explained below! Semantic variant primary progressive aphasia (svPPA): Individuals with svPPA experience difficulty understanding words and concepts, leading to impaired language comprehension and word retrieval. Non-fluent variant primary progressive aphasia (nfvPPA): This subtype is characterized by effortful speech, grammatical errors, and difficulties with motor speech. Logopenic variant primary progressive aphasia (lvPPA): lvPPA primarily affects word-finding abilities and sentence repetition, with relatively preserved grammar and motor speech. Caring for someone with frontotemporal dementia can be incredibly challenging due to the diverse and often unpredictable symptoms. The inability of an individual to find the words they are looking for can be extraordinarily frustrating for the person living with FTD and their carers. Early diagnosis allows for appropriate management and planning of symptoms. You need to see a neurologist or dementia specialist as soon as you can. Individuals with FTD often benefit from structured routines and clear expectations. Establishing consistent daily routines can help reduce anxiety and agitation. Where communication is hard work you should adapt communication methods to accommodate changes in language and comprehension. Use simple, concrete language, and provide visual cues when necessary. Patience and empathy are key. If language barriers are not in itself enough, addressing challenging behaviours with empathy and understanding is crucial. Identify triggers and implement strategies to minimize stress. Behavioural interventions, such as redirection and positive reinforcement, can be helpful. Most importantly remember that the behaviour you are seeing is not the person you love, it is the dementia gremlin sitting on their shoulders. Never be embarrassed because of something that happens if you are in public. Your loved one cannot help their actions, they know no better. It is Society that needs to change to accept those living with dementia and the challenges it brings. Simply let people know the situation, that the person you are with lives with dementia and never apologise. There is nothing for you to apologise for. As we all know the person living with dementia will always be looked after. Invariably it is the carer that is forgotten or left isolated and feeling alone. Help is there for carers and time and space should be made each week for them to have a regular break. Going to the hairdressers or a coffee with friends is a must. Extra care can be arranged to cover these breaks which are absolutely vital. Carers are usually very reluctant to ask for help as they see caring for their loved one as a responsibility they must bear. So, if you know someone caring for a family member living with dementia perhaps offer to sit with their loved one for a while so they can pop to the shops or go an lay in the bath for an hour. The carer will be truly grateful! At Argo we understand what life is like for those living with dementia. It is not just the individual living with the disease who is affected. It is their family and friends. Our advice and support is tailored for the whole family to make a difference and ease the stresses and burdens of a dementia diagnosis. If you need help, just ask!

This has to be one of the most frustrating things for a lawyer who is dealing with the administration of an estate for a client but there is little that we, as practitioners, can do to make anything any better. Approximately 27,000 probate applications are received each month by the Probate Registry but only 22,500 are issued each month, approximately. The Chartered Institute of Legal Executives has advised that severe delays with the Probate application process could see families waiting for up to nine months, if not longer to obtain a Grant of Probate, and the fear is that time frame will not improve without adequate resources. The queue for applications are worse now than they have ever been and since April 2022 have increased significantly, although the Probate Registry have advised they have issued more applications than they have received over the last few months. The application process may involve HM Revenue & Customs if the estate is subject to Inheritance Tax or other reporting criteria. This part of the application process alone could take between three and six months to complete. Inheritance Tax has to be paid before HMRC will release papers to the Probate Registry to issue the Grant of Probate. Banks can pay Inheritance Tax directly to HMRC as can investment managers, if funds are held in certain ways. Inheritance Tax on property can be paid by ten annual instalments helping to ease the burden on executors. At the time of writing the Probate Registry are only answering telephones for half a working day so they can try and catch up with their backlog but that is not helping families or professionals. Practitioners are unable to request an application be expedited for an emergency as there is no system currently to do this. Applications come and go from the portal, disappearing from time to time, calls are not answered and frustrations mount. Making sure your will is correctly signed and professionally prepared can help alleviate problems with questions which may be asked about a home made will. Regular checking in with the Probate Registry can help but they are reluctant to provide any information until after sixteen weeks have passed since your application date. If a will is damaged or there are issues with how it is signed a witness statement can be prepared and submitted, so there are things that can be done to speed up the process and prevent questions but it does not change where we are. Professionals are suffering a backlash from clients who are frustrated and angry about the implications of probate delays on their family situation, but we are doing our best in a situation which is out of our hands. The Law Society have suggested that a minimum service standard should be introduced to provide clear processing timelines so that expectations ban be managed and to aim to reduce stress and frustrations. The Council for Licensed Conveyancers have asked for a thorough review of the will writing, storage and probate process. It is anticipated that approximately £800million in charitable donations are currently locked up in wills waiting for Probate applications to be processed. The ongoing delays have resulted in the Justice Select Committee looking into the problems we are facing. They have published written submissions for its inquiry into probate delays and started hearing witness evidence in March. Things are being done to try and improve the process but they are all going to fall short of returning to our local Probate Registries staffed by experts in Probate applications, who would answer the phone and know local practitioners on first named basis.

Most of us know that a stay in hospital is not good for your health. Whilst we go in to be fixed we often come home unprepared, unsupported and unwell. However being discharged from hospital as soon as we are deemed medically fit or optimised for discharge is actually best for us rather than a long stay in hospital. Research has shown that 35% of 70 year old patients experience functional decline whilst in hospital. People will be less alert, physically able and less likely to manage in the way they did before admission. Rather soberingly 48% of people over the age of 85 die within twelve months of a hospital stay. Now this can be for many reasons but the functional decline experienced will have a significant impact on an individual. It is really important therefore that everyone does as much as possible along the way to make sure a hospital stay and discharge is as quick and pain free as it can be, particularly for older patients. If you are a patient in hospital your medical team should be planning for your discharge from the beginning of your stay. This does not mean they want you out the door the next day but need to put the steps in place to get you better and get you home. The medical team should be liaising with the social care discharge coordinator to make sure plans align and a discharge is not a surprise. You should be involved in discussions with your medical team as should your family. You need to tell people what matters to you so you get what you want. If there are issues with your ability to make decisions, these need to be considered. You should be fully informed of any risks of your going home as it is important you understand any changes in your condition which may mean you need more assistance. You need to be aware of the timeline for getting your home and what is involved at each step. You need to be aware of the goals you need to achieve to go home. Medical team reviews should take place and the systems and processes available to assist someone with a return home should be considered and implemented. There are specialist frailty care pathways which hospitals have in place to make sure those who are vulnerable have the help and support they need to successfully return home. Your medical team should be working with the discharge team to ensure that you have coordinated access to support when you are discharged from hospital, to ensure a smooth transition from hospital to home, or wherever you choose to go. Now, it is common to see a "discharge to assess" model being adopted in hospitals so that assessments as to need take place in a person's own home. This means you will be sent home or to a care home where further assessments will be undertaken to see what support you need, if, at all. Assessment at home is a much better way of identifying the help you need as long as it is done properly and in the right way. The discharge process can be stressful. It may involve many medical assessments, meetings, and discussions even before you get home. It is important these are carried out correctly to ensure that you do not end up going back to hospital because something has failed, which is out of your control. Argo have an excellent team who assist with discharge from hospital and the coordination of ongoing support and assistance which can take all the worry out of this process. If you find yourself in a pickle with discharge and really do not know where to turn, or feel that you are not being listened to, give us a call for a free fifteen minute chat to see what we can do to help.

Savings the pennies does not always result in the saving of pounds. Often homemade wills have holes and gaps that professionals avoid with their experience and knowledge. Mistakes in wills are only usually found when it's too late; a beneficiary has died leaving a share of an estate without a home; a badly worded gift which means the recipient cannot be identified. Where do these homeless assets go? Well it's probably not where you think! A partial intestacy is where homeless assets end up, a headache and extra work for families at an emotionally charged time. Intestacies are governed by the Intestacy Rules. rules designed to leave the distribution of assets in the hands of the law and not families. These Rules can lead to unintended consequences and strained family relationships. Disputes may arise over the distribution of homeless assets, causing tension and conflict among family members. So what do the rules say. Any undistributed assets will pass according to the rules written down in legislation. Now, let's break it down further. If you have a spouse or civil partner, they will typically be the primary beneficiary of your estate under intestacy. However, the specific share they receive can vary depending on factors like whether you have children, whether your children are from your current relationship or a previous one, and the laws of your jurisdiction. If you don't have a spouse or civil partner, or if they pass away before you, intestacy rules look to your children as the next beneficiaries. Distribution can become more complicated if you have children from different relationships. Step children will not benefit under the Intestacy Rules, nor will foster children. What happens if you don't have a spouse or children? In that case, the rules dictate that your estate will be inherited by your closest living relatives, such as parents, siblings, or more distant relatives if there are no immediate family members. What if your parents have died but you haven't spoken to your siblings for ever? Do you want them to inherit your estate? Assets then move through the family tree. More and more distant family members could inherit; aunts and uncles you have never met, first cousins and second cousins you didn't even know existed. Until the list is exhausted. If no relatives are left alive this is when your estate goes to the Crown. The Intestacy Rules do not take into account your specific wishes or unique circumstances. The distribution of assets will follow a predefined legal formula, which may not be what you wanted. Funds are shared between family branches, people living with vulnerabilities or disabilities are not protected, state benefits can be lost. To avoid the uncertainties and potential disputes that can arise from intestacy, it is crucial to have a valid and up-to-date will. With a professionally drafted will, you have the power to express your wishes clearly, choose beneficiaries, and distribute your assets according to your desires. You can ensure that your loved ones are provided for in the way you wish and minimize potential conflicts among family members. Remember, creating a valid will is a vital step in protecting your loved ones and ensuring that your assets are distributed according to your intentions. Don't leave the fate of your estate to chance—let's work together to secure a brighter future for you and your family. Kelly's expertise goes beyond explaining intestacy rules; she guides her clients in avoiding the pitfalls altogether. She supports them to create a valid and up-to-date will, ensuring that their wishes are legally documented and their loved ones are protected. Give Kelly a call on 01622 843729 to have a chat about what you want for your family.

Let's dive into a topic that's as important as it is tricky: homemade wills. Now, I get it – when it comes to sorting out your estate, DIY might seem like the way to go. After all, who doesn't want to save the pennies and get things done on their own terms? But hold onto your hats, because there's a whole heap of trouble that can come with those homemade documents. So, kick back, grab a cuppa, and let's chat about why bringing in the experts is the smart move. Legal maze ahead: Picture this: you spend hours crafting what you think is a rock-solid will, only to find out it's about as legally airtight as a sieve. Navigating the legal landscape without a guide can lead you straight into a tangled mess of confusion and disputes. Trust me, you don't want your loved ones squabbling over your assets because of some legal loophole you missed. Oops, where'd that go?: Ever thought you've divvied up your assets only to realize you forgot about that vintage record collection hiding in the attic? Homemade wills often overlook assets or fail to account for changes in your life, like new additions to the family or a change in marital status. Yikes! That could mean big headaches for your nearest and dearest down the line. Mind matters: Picture this scenario: someone questions your mental abilities when you made that will over a decade ago. Without proper documentation, your wishes could be tossed aside like yesterday's newspaper. It's crucial to dot those i's and cross those t's. Ensuring your testamentary capacity is crystal clear is vital to keeping your will rock-solid. Forgot to plan for the curveballs: Life's full of surprises, right? Well, homemade wills often forget to plan for the unexpected twists and turns that life throws our way. From guardianship arrangements for the little ones to setting up special needs trusts, it's the nitty-gritty details that can make or break a will. Don't leave your loved ones hanging when the going gets tough! Execution matters: You might have poured your heart and soul into drafting that will, but if it's not executed properly, it's about as useful as a chocolate teapot. Missing out on witness signatures or not signing at all, can turn your carefully crafted document into a legal headache. Trust me, it's all about getting those formalities right the first time around. Probate Pains: And last but not least, let's talk about probate. Homemade wills often end up costing more in the long run, with drawn-out legal battles and delays in asset distribution. Save your loved ones the stress and hassle by ensuring your will is watertight from the get-go. So, there you have it, the scoop on why you should bring in the experts and not make homemade wills. While the DIY appro ach might seem appealing, it's worth bringing in the experts to make sure your wishes are ironclad and legally sound. After all, estate planning isn't just about paperwork – it's about peace of mind for you and your loved ones. So, why take the risk? Give yourself, and your family, the gift of professional guidance when it comes to sorting out your estate. You are protecting their future after all so why not get it right first time! That's what we do here are Argo. We get it right first time. We know that you want to make sure that your family are protected when you are no longer around. The cost of professional advice is not an expense to be avoided but an investment in your family's future. Why not give us a call and take advantage of our 15 minute free consultation to talk through your ideas? A free phone call - too good to be missed. Call us on 01622 843729