INHERITANCE – THE KNIVES ARE OUT

TODAY’S BLOG

INHERITANCE – DISPUTES AT ALL TIME HIGH

Perhaps you have heard the saying “Where there’s a Will there’s a crowd” the idea being that when money is on the table, people gather. Of course, there may be very good legitimate reasons for doing so – perhaps during lockdown you have watched “Knives Out” a comedic story about family dysfunction and the quest to understand what happened.

Whilst I am not suggesting murder is on the cards for most families, though I imagine that lockdown has provided more moments of stress, clearly one of the current terms of the hour is “entitled”. To my mind such a word is particularly relevant here. The Ministry of Justice published figures showing a record 188 cases went to the High Court in 2019, by individuals claiming to be entitled to a share or larger share of a deceased’s estate.

KNIVES OUT

EVERYONE HAS A STORY

There are a variety of reasons for this of course, behind each is at least one story (much like the film). Family structures are certainly more complex, with multiple marriages, children from different relationships and so on. Whilst this is obviously more commonplace since divorce law evolved from 1857, 1937, 1969 (Divorce Reform Act) and 1973 (Matrimonial Causes Act), the context is nothing new as many of Shakespeare’s play will attest.

“BETTER THREE HOURS TOO SOON THAN A MINUTE TOO LATE”

The motivation may be more encouraged by the sums involved which has made the prospect of costly legal representation more appealing. Having your Will properly written is also important. Those making “last minute” homemade Wills are more obviously subject to challenge, being invariably poorly prepared and badly thought through. I don’t think anyone likes preparing their Will, it’s a fairly morbid task, but there is a huge sense of peace of mind once you have done so properly. It is part of what our Ten Minute Challenge has been leading towards – getting the difficult, uncomfortable and perhaps “boring” stuff done. There may be many gifts you wish to leave your loved ones upon your demise, but I can assure you that clarity is one of the best.

So – if your Will has not been reviewed since 2015 when the rules about property changed, now is the time to do so. We can put you in touch with a specialist. Please attempt our 10 Minute Challenge, it could be the most helpful set of final documents you provide.

As for the film, staring Daniel Craig, Ana de Armas, Chris Evans, Don Johnson, Jamie Lee Curtis, Michael Shannon, Toni Collette and Christopher Plummer (a cast to die for!) well, its available on all the usual platforms, here is the trailer.

Dominic Thomas
Solomons IFA

You can read more articles about Pensions, Wealth Management, Retirement, Investments, Financial Planning and Estate Planning on my blog which gets updated every week. If you would like to talk to me about your personal wealth planning and how we can make you stay wealthier for longer then please get in touch by calling 08000 736 273 or email info@solomonsifa.co.uk

GET IN TOUCH

Solomon’s Independent Financial Advisers
The Old Mill Cobham Park Road, COBHAM Surrey, KT11 3NE

Email – info@solomonsifa.co.uk 
Call – 020 8542 8084

7 QUESTIONS, NO WAFFLE

Are we a good fit for you?

GET IN TOUCH

Solomon’s Independent Financial Advisers
The Old Mill Cobham Park Road, COBHAM Surrey, KT11 3NE

Email – info@solomonsifa.co.uk    Call – 020 8542 8084

7 QUESTIONS, NO WAFFLE

Are we a good fit for you?

INHERITANCE – THE KNIVES ARE OUT2023-12-01T12:13:15+00:00

Power of Attorney – Are you due a Refund?

News from Alex Truesdale today in relation to possible refunds for recent Power of Attorney.

Power of Attorney – are you due a refund?

OPG LPA/EPA REFUND PROCESS: FEBRUARY 2018

WHY HAS A REFUND BEEN OFFERED?

When LPAs/EPAs are registered, a fee is payable to the Office of the Public Guardian, of £120 or £110 per LPA/EPA, which in some circumstances was reduced by 50%.

In an announcement made by the Ministry of Justice yesterday, partial refunds are being offered to those who applied to register for powers of attorney between 1 April 2013 and 31 March 2017 (you don’t need to know precisely when you applied).

According to the MoJ, the process to register LPA/EPAs became more efficient during this period (probably because the volume of LPA registrations submitted has climbed so markedly as the general public become aware of the advantages of having LPAs in place)  and as a result, operating costs for the Office of the Public Guardian came down. However, the fee charged for the application did not reduce in line with this. The fee was subsequently lowered by the MoJ to £82 per LPA, a change which came into effect on 1 April 2017. This announcement stops short of an automatic refund being sent out to all donors, so do please spread the word if you have friends, neighbours or relatives who may also have applied

WHAT DOES THIS MEAN FOR ME?

This applies to lasting powers of attorney (LPA) and enduring powers of attorney (EPA) made in England and Wales.  You can make a claim if you’re the ‘donor’ – the person who made the power of attorney, or an ‘attorney’ – appointed by the donor in an LPA or EPA.

The refund must be paid to the donor – or to his/her estate if the donor has since died and may take up to 12 weeks to appear. You only need to make one claim per donor, even if you made more than one power of attorney.

WHAT IS THIS WORTH TO ME?
How much you get depends on when you paid the fees – see table below. You’ll also get 0.5% interest. You’ll get half the refund if you paid a reduced fee (‘remission’).

When you paid the fee Refund for each Power of Attorney
April 2013 – September 2013

October 2013 – March 2014

April 2014 – March 2015

April 2015 – March 2016

April 2016 – March 2017

£54

£34

£37

£38

£45

HOW DO I CLAIM?

If the donor is still alive, start here:  https://claim-power-of-attorney-refund.service.gov.uk/when-were-fees-paid

You’ll need the donor’s UK bank account number and sort code.

You must claim by phone ( 0300 456 0300 (choose option 6))  if:

the donor doesn’t have a UK bank account
the donor has died
you’re a court-appointed deputy

CAN ALEX TRUESDALE WILLS LIMITED APPLY FOR THE REFUND FOR ME?

Unfortunately no – only the donor or the attorney is able to apply.

I HAVE FURTHER QUESTIONS – WHO CAN I CALL?

Just phone 0300 456 0300 (option 6) or email the OPG on poarefunds@justice.gsi.gov.uk

Dominic Thomas
Solomons IFA

You can read more articles about Pensions, Wealth Management, Retirement, Investments, Financial Planning and Estate Planning on my blog which gets updated every week. If you would like to talk to me about your personal wealth planning and how we can make you stay wealthier for longer then please get in touch by calling 08000 736 273 or email info@solomonsifa.co.uk

Power of Attorney – Are you due a Refund?2023-12-01T12:18:14+00:00
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