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Later life and the various bodies you might encounter

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If you are helping a loved one who is ill or vulnerable in their later life, whether formally or informally, there are various bodies that you might encounter with whom you will need to liaise to assist you with your loved one’s affairs. In this blog...

Expert legal advice with extra care - using a Lifetime Lawyer

Sharon Richardson
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Our solicitors Sharon Richardson , Belinda-Jane Poulter , Bethany Worthy and Emma Silkstone are proud Accredited Lifetime Lawyers (previously known as Solicitors for the Elderly). They’re some of the most qualified specialists in the country in...

The importance of Lasting Powers of Attorney

Beth Worthy
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Does your next of kin have an automatic right to make decisions regarding your finances and health if you lose mental capacity? The answer is NO. In order to give someone the legal authority to manage your financial affairs and to make medical decisions...

When should a lay trustee consult a solicitor?

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Trusts are typically used to preserve assets for loved ones in private client estate planning, and many trusts are fairly inactive a lot of the time. Often action is only required when the trust is first set up, when assets are distributed, or when the trust...

Making a best interests decision under a LPA

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If you have been asked to be an attorney for someone under their power of attorney, whether for finances or health and welfare, then they have placed their trust in you to act in their best interests at all times. This will also be the case if they did not...

Reporting duties for a financial deputy

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The role of a deputy is similar to that of an attorney. If you are acting as an attorney, this will be because the person you are acting for specifically chose you to act and they made a document called a ‘power of attorney’ at a time when they...

Ryedale lawyer awarded 'gold standard' accreditation

Emma Silkstone
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Emma Silkstone, solicitor in our Private Client team, has been recognised with a national accreditation for her expertise in legal support for older and vulnerable clients, their families and carers. The accreditation is awarded by SFE (Solicitors for the...

Property, planning and paying for care

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A common concern for our clients and their families is the prospect of having to sell the family home in order to meet care costs. There are many articles and schemes online which seem to indicate that selling a home can be avoided, but often these schemes...

Probate and avoiding problems with chattels

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While financial assets can be divided relatively easily when settling an estate, this is not usually possible with heirlooms such as a painting, a piece of furniture or individual pieces of jewellery. Even if items are not valuable, such items may be the...

When does a power of attorney take effect?

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If you have been asked to act as an attorney for someone you may wonder when it will come into effect, especially if the power of attorney was made some time ago when your friend or relative was in good health. There was an important change in 2007, and so...

Avoiding common delays in obtaining probate

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Probate is a term which is loosely used to cover the administration of an estate, and it has a reputation for being a lengthy process. The administration includes a number of key stages, including obtaining the grant of probate, paying out to beneficiaries,...

Transferring property to your children

Emma Silkstone
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A common concern for many people as the population is now living much longer is what will happen to their property if they need to go into a care home. Naturally, people want to protect the assets they have worked hard for during their life, however,...

Trust Registration Service

Louise Walker
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The Trust Registration Service regime will be extended from the 1 September 2022. From this date, the categories of Trusts that are required to register with HMRC will be significantly broadened, and subject to any specific exclusions in the new rules, will...

Legal steps when diagnosed with a life limiting illness

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On top of the heartbreak and worry that a diagnosis of a life-limiting illness can cause, there will be a raft of concerns and uncertainties about your care and financial affairs, and it can be difficult to know exactly how to prepare from a legal...

New DWP website for next of kin to use re state pensions

Sharon Richardson
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The Department for Work and Pensions (DWP) has recently announced a new, user-friendly website to allow next of kin to claim underpaid state pensions owed to those who have passed away. It follows criticism of the lack of information and guidance given to...

Reporting an estate's value for inheritance tax

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Acting as an executor means that you are responsible for reporting the value of the estate and declaring any inheritance tax due, so it is important to make sure you follow correct procedures. Since January 2022, new rules apply in respect of reporting...

All users of probate service to pay a single, flat rate to MOJ

Sharon Richardson
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The Ministry of Justice recently announced all users of the probate service will pay a single, flat rate fee of £273, following its consultation in 2021. Currently, fees are £155 for professional users and £215 for non-professional users....

Government plans for overhaul of social care

Sharon Richardson
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The white paper on social care in England and new cap on care fees brings more confusion to an already confused system. It’s unlikely to save many people any money and does nothing to alleviate the immediate crisis facing social care.   There...

Ensuring your home passes as you choose

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House prices continue to rise faster than most other investments and property is often the most valuable asset in someone’s estate when they die. But it is also a home and may need to remain a home for a surviving partner, spouse, or children. If you...

Managing financial affairs under a lasting power of attorney

Belinda-Jane Poulter
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Making a lasting power of attorney for your finances is an important part of lifetime legal planning, especially if you have built up a portfolio of assets and investments which require regular management. While this legal authority needs to be set up well...

Legal issues involving predatory marriages

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Daphne Frank’s devasting account of her mother falling victim to a predatory marriage highlights the need for better protection of vulnerable people who could be targeted by abusers. Members of Solicitors for the Elderly (SFE), the national membership...

Making a Will or giving a gift on your deathbed

Belinda-Jane Poulter
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Living through a global pandemic has meant seeing loved ones taken from us at an alarming rate, and it has been distressing for many to see someone taken into hospital and not know if you might be able to see them again.   ‘ Whilst planning...

Common probate mistakes and how to avoid them

Sharon Richardson
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If you are someone’s executor , then it can be tempting to try to administer the estate yourself with a view to saving money. If the estate is simple and you are comfortable with the legal and tax regulations, then this may be straightforward.  ...

Challenging a dubious Will where you suspect coercion

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We all have the right to leave our money and property to whoever we please when we die, but the decisions we make must be arrived at freely and without undue influence from family, friends or others who hope to secure an inheritance. Our specialist Will...

The legal protections we should all have in place

Belinda-Jane Poulter
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The documentary “Kate Garraway: Finding Derek” aired this week and highlighted the struggles TV presenter Kate has faced since her husband, Derek Draper, was admitted to hospital with Covid-19 in March 2020. Kate has openly spoken about the...

Why use a legal expert for an estate administration?

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Like many government organisations, Her Majesty’s Courts and Tribunal Services (HMCTS) has been increasing its digital services over the past few years as it aims to provide a more streamlined system for probate registries.    While the...

October is Make a Will Month for St Leonard's Hospice

Belinda-Jane Poulter
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Crombie Wilkinson Solicitors is taking part in the St Leonard’s Hospice’s Make a Will Month taking place in October 2020, giving you the opportunity to have your Will written by a solicitor in exchange for a donation towards patient care at St...

How incapacity affects the individual and wider family

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Finding suitable care for yourself, a relative or friend can be extremely daunting and it can be very difficult to know which way to turn, especially if the care is needed in an emergency situation rather than over a gradual time period. Having access to...

Vulnerable people and Capacity issues

Sharon Richardson
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In this article we aim to explain why an individual may be vulnerable to harm or abuse, what to look out for and action you can look to take. Are you aware of someone you know who may be a vulnerable person or have capacity issues? They may be a family...

10 reasons to use a Solicitors for the Elderly (SFE) lawyer

Sharon Richardson
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The decisions and plans you make now will have a huge impact on your later life. Getting them right is essential. An SFE accredited solicitor is an expert in elder client law and will ensure you get the best possible legal advice for your future or the...

The importance of Health and Welfare LPAs

Sharon Richardson
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Solicitors for the Elderly (SFE) has launched its latest campaign to raise awareness of the importance of health and welfare LPA’s with the report ‘ The Incapacity Crisis – a nation unprepared ’. The report urges consumers to have a...

Managing your affairs if you suffer from Dementia

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Last week it was announced that Dame Barbara Windsor is suffering from Alzheimer’s disease, the most common cause of dementia.  According to Barbara’s husband Scott Mitchell, she first showed symptoms in 2009 when her close friends and...

Powers of Attorney - could you be due a refund?

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On 1 February 2018 the Office of the Public Guardian launched a scheme allowing almost 2 million people to claim a refund on fees paid to register Lasting Powers of Attorney (LPAs). During the period 1 April 2013 to 31 March 2017 significantly more people...

Top Tips around Lasting Power of Attorney

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Whatever you decide about your future, it's important to involve a specialist solicitor who will give you impartial advice and act in your best interest. We are members of Solicitors for the Elderly and can help you. Solicitors for the Elderly (SFE) is a...

Is your Will registered with Certainty?

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Crombie Wilkinson Solicitors is the Founder Member for the York area for Certainty. Certainty is a National Will Register and Will search service. It is used by the legal profession, the public, charities and financial institutions to register and...

10 reasons to use an SFE accredited lawyer

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The decisions and plans you make now will have a huge impact on your later life. Getting them right is essential. An SFE accredited lawyer is an expert in older client law and will ensure you get the best possible legal advice for your future.  Sharon...

Have you got an LPA?

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86% of people in the Yorkshire and the Humber are currently living with no control over important later-life decisions around their housing, assets, heath, and care, according to a new report by SFE (Solicitors for the Elderly), the national organisation...