Private Client Legal Blogs

Private client legal blogs, published by family lawyers and private client law firms, including posts regarding wealth management, managing your finances and investments, wills, estates and probate, in addition to general family law issues.

Contesting a will and the law of the land

by Wright Hassall July 10, 2014 Law

Many UK residents dream of retiring or moving abroad to a warmer climate in the hope of a better life for themselves and their family. It’s an experience many people find fulfilling and rewarding: they settle into their new life with renewed vigour and enjoy the sunshine and variety a new country and culture can […]

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Pre-Death Will & Trust Contests: Should They Be Allowed?

by David Faltz February 20, 2014 Trusts

(US law & generally) Can – and should – a will or trust be challenged before the settlor dies? Different states across the United States respond differently to this question. Conventionally, a will is not operative until death; therefore, it cannot be offered for probate while the testator is still alive. In the past, courts […]

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Freezing the Assets

by EdwardHandsandLewis December 20, 2013 Divorce

By Martin Hill, Edward Hands and Lewis I know its December but asset freezing is nothing to do with the weather. What we have here is the court’s ability to prevent property  being transferred away by one spouse so that it does not form part of the overall pot on divorce. It is often a […]

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Art Expert Witness Testifies in Heated Battle over Andy Warhol’s Portrait of Farrah Fawcett

by theexpertinstitute December 11, 2013 Estate Planning

The University of Texas at Austin is suing for their right to possession of an Andy Warhol portrait of Farrah Fawcett, the American actress famous for her role in the television series Charlie’s Angels. The University, Fawcett’s alma mater, alleges that the painting is part of the art collection Fawcett bequeathed to the school before […]

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Lasting Powers of Attorney and Enduring Powers of Attorney.

by EdwardHandsandLewis December 2, 2013 Blawg

By Emma Fuller, Director at Edward Hands and Lewis After Lasting Powers of Attorney or Enduring Powers of Attorney have been made by a Donor (ie the person who has entered into the Lasting Power if Attorney) they can be revoked They can be revoked by the Donor if the Donor still has the mental […]

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Estate Planning Basics for Aging and Infirm Parents

by oberdorferlaw November 22, 2013 Blawg

One of the quickest ways to learn about the importance of having a solid and comprehensive estate plan is having to facilitate the process for elderly parents who encounter unexpected hardships. For adults with parents in their seventies or eighties, emerging health care issues may be the catalyst for decisions about factors not considered by […]

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7 Secrets Nursing Homes Don’t Want You to Know

by JBryantLaw October 25, 2013 Blawg

Secret #1: Pressure Ulcers (Bed Sores) are avoidable! Secret #2: Nursing home employees may falsify medical records to cover up neglect. Secret #3: Government agencies do not have enough staff or funding to adequately police nursing homes. Secret #4: After a nursing home injury or death, it is important to seek immediate legal consultation. Secret #5: You can find a […]

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The Court of Protection – Open to the public?

by EdwardHandsandLewis October 24, 2013 Blawg

The new president of the Family Division courts has echoed previous plans to make the Court of Protection open to the public. The plans have been talked about for some time now, and it was reported yesterday that the new president Sir James Munby agreed with the plans. The Court of Protection makes important decisions […]

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RESTRICTIONS TO DISPOSE BY WILL IN SPAIN

by David Lorenzo September 14, 2013 Estate Planning

Reserved portion or “Legitima” The reserved portion or “Legitima” restricts the freedom to dispose of one’s estate in the form of a will and it’s determined either by the Civil Code or by the laws of the autonomous community some cases. In this Article we will speak about the Civil Code Regulation. According to it […]

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Piercing the Protective Veil

by ParkmanLawFirm August 27, 2013 Private Client

One of the primary reasons our Birmingham attorneys in the probate division of Parkman & White, LLC are contacted is to create a legal business entity to protect the owner from personal liability.  There are many entities our Birmingham probate attorneys utilize to meet these needs, including corporations, limited liability companies (LLC’s), limited liability partnerships […]

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Inheritance Tax in Spain

by David Lorenzo August 9, 2013 Blawg

THE INHERITANCE TAX IN SPAIN  The inheritance tax levied on capital gains obtained through inheritance by individuals. Let’s analyze the general scheme. In some Autonomous Regions  there is much more favorable tax regime (inherit is much cheaper) than in the rest of Spain. The criterion for the application of this scheme is the residence of […]

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Bankruptcy by inheriting a property?

by David Lorenzo August 1, 2013 Estate Planning

(Spanish Law) Could it be possible to get Bankruptcy by inheriting a property? Yes. Weeks ago some news shocked everyone in the newspapers of Spain, an old woman from Jaén, after losing her daughter by her partner, was obliged to pay the debts of both, having accepted the inheritance of his daughter and ignoring or may […]

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I was never married – what parental rights do I have?

by EdwardHandsandLewis July 30, 2013 Blawg

By Faye Remnant The legal rights and responsibilities of mothers and fathers are known as ‘parental responsibility’. The most important duties of someone with parental responsibility are to protect and maintain the child, provide the child with a home, consenting to medical treatment, looking after the child’s property, disciplining the child, choosing and providing the […]

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Inheritance in the absence of a will in Spain

by David Lorenzo July 30, 2013 Law

INHERITANCE IN THE ABSENCE OF A WILL IN SPAIN In Spain, when there is no will, the Civil Code determines the principles to respond the question, who inherits? Applying to the various possible situations:  If the deceased was unmarried and had no children, the parents inherit. If there are no parents, the siblings; if there are […]

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Dealing with Probate – What you need to know

by EdwardHandsandLewis July 11, 2013 Blawg

By Emma Fuller We understand that some people are nervous of approaching Solicitors if they need help with Probate as there are concerns of the costs.  However, not everyone charges in the same way. We have several pricing options, which helps families to get the help they need, but gives them the flexibility to choose […]

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Lasting Powers of Attorney – and the alternatives

by Tim Bishop July 11, 2013 Power of Attorney

A power of attorney is a document signed by an individual (the donor) which gives authority to another individual, or individuals (the attorneys) to act on the donor’s behalf – usually in relation to financial affairs and property. Why do I need a power of attorney? The society we live in is becoming increasingly complex […]

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£4 billion could potentially be generated for the charity sector if solicitors simply asked those writing a will to leave a donation

by GordonDean June 16, 2013 Private Client

It has been revealed that £4 billion could potentially be generated for the charity sector if solicitors simply asked those writing a will to leave a donation to a charity. The Cabinet Office Behavioural Insights Team have discovered that when solicitors mentioned the idea of leaving money to charity during the will writing process, the […]

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What is contentious probate and what does it mean to me?

by EdwardHandsandLewis June 4, 2013 Blawg

Contentious Probate claims are one of the biggest areas of litigation and put simply, are claims challenging the validity of a will when the testator passes away and in some cases, the distribution of the assets in the testator’s estate. The effect of a contested probate claim on beneficiaries and executors cannot be underestimated and […]

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Am I talking to the right people?

by LawFirmNetwork May 20, 2013 Blawg

This is a question that I often ask myself ahead of a meeting. Try to avoid having to ask yourself the question half way though a meeting though. The Apprentice candidates on the BBC demonstrated brilliantly, the other week, how you can have a very busy diary, having wonderful conversations…… but with the wrong people.  People […]

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Probate & online records

by EdwardHandsandLewis May 16, 2013 Blawg

By Emma Fuller Many people now store their documents on their computers and no longer have paper bank statements.  This trend has developed over several years now and means that our approach to dealing with probate has to evolve to keep up with these changes. In days gone by, many people would store all of […]

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Norwich Solicitors Take Part in Free Wills Month

by GordonDean May 14, 2013 Law

Over £170,000 was raised during Free Wills Month at Gordon Dean Solicitors in Norwich. The Free Wills Month campaign brings together various well-known charity organisations to give people aged 55 and over the chance to have their wills written or updated free of charge by using a range of participating solicitors in a range of […]

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Can Chapter 13 Bankruptcy Help You Keep Your Home?

by contactus May 9, 2013 Banking and Finance Law

(US Law) If you are considering bankruptcy, you may be worried about losing your home. The good news is that bankruptcy may offer a path to not only paying down your debt, but also keeping your home. The bad news is that if you have missed mortgage payments or have otherwise fallen behind on debts, […]

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Well I declare! Why use a Declaration of Trust.

by EdwardHandsandLewis May 9, 2013 Banking and Finance Law

A Declaration of Trust is an arrangement setting out who shall have the ownership of an asset and be able to benefit from it.  This is important if your assets include land or business interests. A declaration of trust is a binding statement by the legal owner of an asset declaring that he holds the […]

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Not everything always goes to plan.

by LawFirmNetwork May 7, 2013 Blogging

Did I or didn’t I cut the grass I hear you ask?  Well I did, but not when I had expected or planned to do it. I had expected for Saturday morning to be the day to do it, but the weather took a different view on that. Not just a bit of rain, but […]

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10 Reasons to make a Will

by EdwardHandsandLewis May 7, 2013 Estate Planning

  We know that many people put off making Will as it feels morbid to them, but making a Will is not about planning for death.  It is about securing peace of mind for many years to come knowing that your affairs are in order.  Some clients renew their Wills annually to ensure that they […]

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