IDR Law’s Post

Inheritance (Provision for Family & Dependants) Act 1975 - What is the claim process? As with most claims, the first step is to obtain evidence. 1975 Act claims are predominantly based on financial circumstances. As such, obtaining details of the estate value, the beneficiaries’ finances, and your client’s finances is essential. A specialist Solicitor will be able to assess the merits of the case and establish whether it is worth pursuing a claim and, if so, the likelihood of success. There is no formal protocol to follow. However, the Association of Contentious Trusts and Probate Specialists (‘ACTAPS’) have created a recommended Code of Practice to encourage cooperative working between the parties. Register for the IDRN here to download the full factsheet: https://lnkd.in/er3Msb_9 #the1975act #Inheritance #probate #familydispute #itsallwedo

The answer is no. The government website states that for small estates that have a total value of less than £5,000 probate is not required however some financial institutions will allow a pay out of balances up to £50,000. For some (but not all) estates where there is a surviving spouse, and assets are held jointly, probate may not be necessary. However, if you are not sure it's always best to check with a professional to avoid problems further down the line. Talk to the team at Bretherton Law and we can give you an honest (and free) assessment on the need for probate and, if you do need it, we can provide a quote for professional assistance. More information on our website: https://bit.ly/3x2NsRL #brethertonlaw #probate #STEP #STEPPractioner #stalbans #hertfordshire

Our latest Win!! Daughter awarded £52,000 from her mother’s estate after successfully arguing her need for financial maintenance, after being omitted from her mother’s Will. Our team has extensive experience dealing with Contentious Probate matters. We are sympathetic, understanding, and are here to help you every step of the way. We are here to help. We can get it sorted. It’s what we do. Call us. It’s free to ask. https://lnkd.in/eXzbbiYR   #inheritance #inheritancedisputes #willsandprobate #willsdiputes #contentiousprobate #undueinfluence #validityofawill #executordisputes #estateadministration #inheritanceactclaims #wherethereisawill #legalservices #legaladvice #solicitorsuk  #nicholsonjonessuttonsolicitors #asknjssolicitors

Did you know that over 38,000 families face extended probate issues every year due to poorly crafted DIY wills? DIY wills may seem like a quick and easy fix, but the risks they bring can cause heartbreak and financial strain for your loved ones. Improper witnessing, unclear language, or missing legal requirements are just a few common mistakes that can render a DIY will invalid. When this happens, state laws decide how your estate is distributed—not you. Don’t let a $20 solution cost your family thousands of dollars and unnecessary stress. Ensure your wishes are honored with a professionally crafted will. Your peace of mind and your family’s future are worth it. 💼📜 #EstatePlanning #DIYWillRisks #ProtectYourLegacy #FamilyMatters

🏡🔐 Why would you want to put your house into a trust? Here are 6 reasons why it might be a smart move: 1. It may help your heirs avoid probate. Placing your home in a trust allows it to bypass the lengthy and costly probate process, ensuring a smooth and quicker transfer to your heirs. 2. You can keep details private. Trusts are not public records, so your assets and their distribution remain private. 3. You can specify exactly how and when your assets are distributed. 4. There can be tax benefits (consult a financial professional for details). 5. They can protect your home from creditors and legal claims, safeguarding your assets for your beneficiaries. 6. If you become incapacitated, a trust ensures your property is managed according to your wishes without court intervention. Message us to see if a trust is the right choice for your situation. 🏠✨ #realestatetrust #estateplanning #estateplanningattorney

Can a Private Family Trust serve as an effective planning tool? Yes, and here’s why >> 1. A private trust protects the assets from creditor and matrimonial claims. 2. It offers privacy and avoids the lengthy court process of probate. 3. Unlike a Will, a private trust cannot be challenged by other legal heirs. 4. One can plan for inheritance taxes especially for children who are in US, UK. 5. One can plan for minor children, special children and other dependent relatives. 6. You can make a provision for your own incapacitation through a Trust. #PrivateFamilyTrust #InvestmentTips #WealthBuilding #Financialtips #Assetmanagement

Did you know that over 38,000 families face extended probate issues every year due to poorly crafted DIY wills? DIY wills may seem like a quick and easy fix, but the risks they bring can cause heartbreak and financial strain for your loved ones. Improper witnessing, unclear language, or missing legal requirements are just a few common mistakes that can render a DIY will invalid. When this happens, state laws decide how your estate is distributed—not you. Don’t let a $20 solution cost your family thousands of dollars and unnecessary stress. Ensure your wishes are honored with a professionally crafted will. Your peace of mind and your family’s future are worth it. 💼📜 #EstatePlanning #DIYWillRisks #ProtectYourLegacy #FamilyMatters

#waroverwills Disputes over Wills are emotional and difficult for all concerned. Successful mediation yesterday dealing with a multitude of claims:- 🔹maintenance claim under the Inheritance (Provision for Family and Dependants) Act 1975; 🔹a secret trust; 🔹and a potential challenge to the validity of the Will. Thanks to mediator Mark Keeley for skillfully navigating the parties throughout the day to a final resolution 👍🏻 #contentiousprobate #TheEMWway

Will you die intestate? Read more to learn about intestate succession laws and whether they will affect you. https://buff.ly/3Cca7Ob #interstate #estateplanning #preparenow #provisionlawfirm

What are the risks of not having a will? If you do not have a will, your estate will go through probate and the court will determine who will receive your assets, based on state statute. Other risks include: 🔹 The courts will generate legal expenses your estate must pay 🔹 If you are married and have children from a prior relationship, a large portion of your estate could go to those children rather than your spouse. 🔹 The assets of a person who dies without a will could go first to the parents of the decedent, or siblings if the parents are not alive—even if you do not get along with your siblings. 🔹 If you have a long-time partner, your death could leave that partner in a very difficult position since state laws do not recognize unmarried partners. 🔹 Without a will naming a guardian for your minor children, the court will choose a guardian—one that you might not be in favor of. Ready to get started on your will? Contact us today. https://lnkd.in/eHfpBSvw #NCPlanning #EstatePlanning #NorthCarolinaLawyer #EstatePlanningAttorney #LegalAdvice #LawFirmNC #EstatePlanningTips #NCAttorney