Electronic Wills

Up to 40% of adults die each year without a Will. There are various reasons for this, but one main reason is thought to be a direct result of people simply being put off by outdated laws, and the costs involved in making a will. Under these circumstances, it may appear easier for an individual to simply avoid the subject and not make a Will. Unfortunately, this means that if an individual dies without a will, the estate will be distributed under outdated Intestacy laws, under which there is no guarantee that the estate will be distributed in accordance with the deceased’s wishes .The Law Commission has branded the current system “outdated” and is currently considering proposals on how Electronic Wills could reflect the modern age in which we live.

How to encourage tenants to pay on time

If you have found yourself repeatedly renting a property to problematic tenants then you may be wondering how you can cut down on the number of tenants who end up missing payments. As a landlord, missed payments can be one of the most frustrating aspects of buy-to-let, and can leave you disheartened and frustrated with your tenants. Here are some ways that you can reduce the likelihood of arrears.

Standing orders

We are all human and often a tenant can miscalculate the payment day or simply forget to make a payment at all. One of the easiest ways to prevent any mistakes is to have the tenant set up a direct debit or standing order. This standing order can be set up on the day after their payday which should allow rent to be paid automatically, and before they have chance to accidentally spend too much of their wages.

What to do if a tenant defaults on their rental payment to you

As a landlord it can be incredibly frustrating when a tenant defaults on their rental payments. Unfortunately, it is one of the most common problems that landlords face yet many landlords have no contingency plans to deal with the situation when it happens.

The first thing to do is to take a step back and try to stay calm. Changing the locks on the house while your tenant is out or calling their mobile phone repeatedly is only going to frustrate the situation and potentially lead to claims of harassment. Instead, the best route is to accept what has happened and begin working on a solution.

5 tips for choosing the right tenant

Whether you have one property or a whole portfolio, the people that you rent your home to are the ones that determine how successful you will be with your letting. A tenant that pays on time, is friendly with the neighbours, house proud and has no plans for moving is the ideal tenant and can be a real asset, but the bad ones can result in lots of stress. Here are a few tips on finding the best tenants for your properties.

Do your research

You can only make an informed decision on whether or not to accept a tenant if you do your research on them first. You should always ask them to fill out a form which provides a background check on them. This should include basic details like their name, age and current address but also information about employment, income, their right to work in the UK and a list of any previous addresses in the past three years. This will provide you with some initial data that you can cross check and validate to make sure the person is who they say they are. Furthermore, you should ask to see a copy of their birth certificate or passport and a recent utility bill to prove their current address. Always be wary of tenants who have a history of moving around lots in a short period of time as they may repeat this pattern which means you will have to spend more time relisting the property, redecorating and finding new tenants for the property.

How leaving a Will can safeguard your children’s future

We all want to provide for our loved ones but unfortunately many people don’t plan enough for a future after they are gone and presume that their possessions will be inherited automatically by their immediate family. Some people may think their possessions do not add up to much and are not worth passing on to loved ones. However, the value of your assets and deciding who receives your estate is only one aspect of a Will. Using your Will to safeguard your children’s future should be a much bigger priority than it often is, but it is sadly sometimes overlooked due to a lack of awareness and understanding about its significance.

What should you include in a Will?

There are a number of elements that should be included in your Will and some are more obvious than others. How your estate is to be divided up or stipulating funeral and burial arrangements seem like obvious choices. If you are unsure then this guide should hopefully provide you with a useful starting point but to ensure everything is covered correctly, we recommend instructing a solicitor to write your Will.

How does Inheritance Tax work?

When writing your Will you need to consider and account for Inheritance Tax, a tax applied to the value of your estate after your passing. This article explains how this form of tax works, what you need to be aware of and how a solicitor can help you to minimise the amount of potential Inheritance Tax your beneficiaries will have to pay on your estate.

The value of your assets will be calculated after your death and after any outstanding debts are settled and funeral expenses are paid. If the remaining estate value is above the Inheritance Tax threshold, what you leave behind for your beneficiaries will be taxable.

Reasons to avoid “do-it-yourself” Wills

It can be difficult planning for your loved ones after your passing but it is important that you try and minimise the stress and emotional impact the proceeding events can have.

Producing a valid Will of your own making is difficult and can be a risky choice. If any elements of the Will are written incorrectly or the Will is somehow invalid, your loved ones will be left to deal with the aftermath which could be a potentially complicated situation that leads to your final wishes not being followed as you would have liked.

Reasons to avoid “DIY” probate

Losing a loved one is a difficult experience for anyone and it can be made even harder by the complicated duties that have to be carried out in the aftermath. Aside from the initial tasks of informing close friends, employers and family and arranging a funeral, there is also the much more complex job of handling and distributing their estate.

Establishing the value of a deceased persons estate

In our article “Why should I instruct a solicitor to administer an estate” we took an overview of some of the key reasons that you should ask a solicitor to handle an estate. One particular area that can benefit from a solicitors expertise is working out the value of a deceased person’s estate.

What happens to an estate when no will is in place?

When someone dies without writing a will, or where a will cannot be tracked, they are said to have died ‘intestate’. This means that their estate cannot be distributed in any way other than by following the laws of intestacy, as they have not indicated through their will who the beneficiaries should be. In this article we will explain what happens to an estate in this situation.

What happens to debts when a person dies?

As we explained in our article “Why should I instruct a solicitor to administer an estate” there can be lots to arrange following someone’s death and many of these tasks are best suited to a solicitor, who can often give you valuable advice. One area which can often be a cause of worry to many people is what will happen to debts when they die, which is a subject that we are going to explore in this article.

Landlords – failure to protect your tenants deposit could cost you more than money!

There has been a significant increase in landlords who want to obtain possession of their property who did not protect their tenants deposit at the commencement of the tenancy. The deposit must be returned to the tenant before a Section 21 notice requiring possession can be validly served which can result in significant delay.

New Inheritance Rules Now in Force

The 1st of October 2014 saw the coming into force of the Inheritance and Trustees' Powers Act 2014. This has significantly changed the law surrounding distribution of inheritance when an individual dies intestate. Intestate is where a person dies without leaving a will.
In particular, the new Act includes reforms that affect surviving spouses, giving them 100% of the deceased’s estate in the event of there being no children. Under the previous rules, if an estate was worth more than £450,000, the surviving spouse in a childless couple got the first £450,000, plus half of anything above that. The other half was divided among other blood relatives (the parents or, in their absence, the siblings of the deceased).
In essence, the new provisions remove wider family members from consideration, as the surviving spouse inherits the entire estate, whatever the value.

Tax Dodgers May be Hit by a New Criminal Offence

The issue of tax evasion and tax avoidance have been attracting a huge amount of international attention recently.

Celebrities being caught out using artificial tax avoidance schemes and high-profile parliamentary inquiries into the conduct of large multinationals like Apple and Google have added fuel to the fire. There seems to be a growing public perception that somehow those who seek to avoid tax are harming other aspects of society.

It is perhaps not surprising that, in line with the international move to clamp down on tax-cheats, HMRC has therefore announced a consultation on a new strict liability offence for tax evasion announced in April. The law is aimed at individuals that fail to declare assets held offshore rather than corporations.

Prior to introducing the new offence, HMRC is inviting submissions from lawyers, tax-specialists and even those who may be affected by it to submit their views on the detailed provisions.

Managing Responsibility for Another’s Affairs

There are various parts of a person’s life that friends or family members may be appointed to manage on their behalf in certain circumstances. This can be intimidating for inexperienced appointees.
Third party appointments can be made for dealing with a host of responsibilities such as managing bank accounts, buying or selling assets or executing wills. People taking on these duties via lasting powers of attorney, deputyship orders and other third party management arrangements may come across issues that they are not comfortable dealing with on their own.
In circumstances where those appointed feel overwhelmed it can be helpful to seek professional advice and also to reduce any risk of a claim being made against them.

How to Manage Property Disputes over Trees

Property disputes can arise from any number of causes most of which usually relate to things done by neighbouring occupiers. One area of dispute that is more of a ‘natural’ source of arguments between owners of neighbouring property is the management (or lack thereof) of gardens and the things that grow in them. Trees in particular can be a source of trouble, especially when they are near to or form part of the boundaries of properties.

As with other areas of property law, dealing with disputes over trees can be complex and expensive if things get out of hand. An amicable solution is generally preferable to heading to court but understanding the legal position early on can help avoid things from escalating that far. A good solicitor can also help recommend services such as alternative dispute resolution if the parties cannot overcome their differences informally between themselves.

Pacifying Problem Neighbours with Poetry

Barking dogs, overgrown trees, antisocial parking, noisy activities and adjoining walls have all led neighbours across the thresholds of the courts. But ending up in court over what are often minor issues that have boiled over into major annoyances is the last thing most neighbours want to do.

Although it cannot always be avoided and is sometimes necessary, litigation should certainly not be seen as the first strategy for dealing with nuisance neighbours. Taking legal advice early can save a lot of problems though. An experienced solicitor can help guide you towards resolving a problem informally without creating even more issues if it escalates to legal proceedings later on.

As French writer Marcel Proust found when writing his novel In Search of Lost Time, delicately worded letters directly to your neighbour may be all that is required.

How Will the Right to be Forgotten Work in the Real World?

The huge power and limited responsibility that giant tech companies are perceived to wield over individuals’ private information has faced a major challenge. The full ramifications of the European Court of Justice’s recent ruling against Google are yet to be fully felt but it is seen by many as a first step towards a regulatory framework for the internet.
The effects are likely to be far reaching. For example, most of the commentary has focused heavily on historic information about parties that are still alive. However, the ruling is also likely to affect the management of the online legacies of those who have passed away. Wills and probate lawyers can attest to the fact that this is a growing issue.
The scope for this ruling to affect all personal information that is available online is the reason it has generated so much interest from privacy advocates, freedom of expression advocates and anti-censorship groups.

Do I Need a Lasting Power of Attorney?

Dementia and other forms of mental impairment are increasingly common as our population ages but many people are unprepared for the effects it can have on their lives.
Although it is not a comfortable topic, it is worth thinking about now so that if something happens and you cannot make your own decisions, a trusted relative or friend can make them for you without having to go through a lengthy court process.
A lasting power of attorney is usually appropriate for people concerned about having diminished responsibility at some point in the future. This is not the same as an ordinary power of attorney which can be used for a wide range of purposes at any time but is automatically revoked if the donor loses mental capacity.
It is important to note that a lasting power of attorney does not mean that you immediately lose control of your affairs.