Kent Solicitors

Over the last 4 years, there has been a substantial increase in families and partners applying to the Courts to challenge a Will. This is usually either on the grounds of alleged mental incapacity or a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Mental Capacity

As people live longer, more and more suffer from some form of dementia and if someone makes the effort to make a Will, he or she (from now on, we shall use the masculine only but it applies equally to a woman) will want to be sure that his wishes are carried out and not challenged.

Here at Kaslers, we never take instructions for a Will without actually having a meeting with the person making the Will. We keep a record of our notes of the meeting and our impression of the clients abilities to give clear instructions

In circumstances, where the client is elderly, or if, in our laymans opinion, there is any doubt that the client has capacity, we also request a letter from his Doctor to confirm that the client does have the appropriate mental capacity at the time of making the Will. This letter is placed with the Will and the client is effectively preparing a defence against a claim after his death that he was mentally incapable

Claims by Family and/or Dependants

When the Inheritance (Provision for Family and Dependants) Act was passed in 1975, an independent adult had almost no chance of a successful claim on their parents estate. Now, some individuals have been successful. This is particularly where there is a second marriage, with children form the first. Children are often put out , when their step-parent inherits from their own parent, especially, if the children suspect that they will not ultimately benefit from the step parents Will.

We offer solutions to avoid this potentially difficult and costly situation - which we can explain to you in a meeting

Further, if someone, X, especially if a family member, is to be intentionally omitted from the Will, we draft a letter for the client to sign and leave with the Will. It explains why X has been excluded and that it is not an error. Sometimes this is a useful device when one child has been left out of the Will, because he or she has received lifetime gifts.

Do not leave your inheritance to chance and challenge.

Telephone Vanessa Adamson on 01622 844607

Labels: Wills Probate Intestacy Inheritance

Many people think that if you are married, you do not need to leave a will, as everything goes to the spouse. They are wrong!

The spouse gets a set amount, the statutory legacy, details below, personal belongings, and only the income for life from half the rest

As from 1 February 2009 where the intestate leaves a spouse and children, the spouses legacy will be 250,000 pounds which is an increase from 125,000 pounds

Where there are no children, but the intestate is survived by parents or siblings, the spouses legacy will be £450,000 - up from £250,000

The position if you are not married is even worse!!!

Labels: administration estates intestacy increase statutory legacy

If you can show the Revenue that your 'home' on your 'farm' is a 'farmhouse', you will be entitled to 100% relief on the value of that property for Inheritance Tax purposes. (Agricultural Property Relief, 'APR')

However, just because your house is situated on your farm, does not automatically make it a 'farmhouse'.

For your house to be eligible you must show:-

1. That the house is in fact agricultural property or
2. The house is of a 'character appropriate' to the property
3. There is no contract for sale
4. Vacant possession will be available within 2 years or a tenancy to the property was created before 1 September 1995.

Agricultural property does not automatically include farm buildings, cottages and farmhouses.

A farmhouse must be a dwelling for the farmer from which the farm is managed. The farmer of the land is deemed to be the person who farms it on a day to day basis, not necessarily the person who is in overall control of the agricultural business

If the size of the house is out of proportion to the size of the land, then APR will not be available.

The 'educated rural layman' test applies, that is, would the average man on the street consider the house to be a farmhouse or a large country house with farmland?

For further information contact Vanessa Adamson at Kaslers Solicitors LLP 01622 844607.

Labels: tax agricultural property