by Saqib Khan | Mar 5, 2024 | Litigation, Powers of Attorney, Wills
In the wake of a loved one’s passing, emotions can run high, especially when it comes to the distribution of their estate. Unfortunately, disputes over wills are not uncommon, and they can lead to strained relationships and prolonged legal battles. If you find yourself in such a situation, you may be wondering whether it’s best to pursue litigation or mediation to resolve the dispute.
At Khan Mather, we understand the complexities and sensitivities involved in contested wills. Our goal is to provide clarity and guidance to our clients, helping them navigate the legal process with confidence and peace of mind. In this blog, we’ll explore the pros and cons of both litigation and mediation, helping you make an informed decision based on your unique circumstances.
Litigation:
Litigation involves taking the dispute to court, where a judge will ultimately make a decision on the matter. Here are some key points to consider:
- Formal Process: Litigation follows a formal legal process, with each party presenting their case before a judge. This can be time-consuming and costly, as it often involves extensive preparation, court fees, and legal representation.
- Adversarial Nature: Litigation is inherently adversarial, with each party working to prove their case and undermine the other’s arguments. This can lead to heightened tensions and further strain relationships between family members.
- Binding Decision: Ultimately, the judge’s decision is binding, meaning both parties must abide by the court’s ruling. While this provides a sense of finality, it also means relinquishing control over the outcome to a third party.
Mediation:
Mediation, on the other hand, involves engaging a neutral third party to help facilitate discussions and reach a mutually acceptable resolution. Here’s what you need to know about this alternative approach:
- Informal Process: Mediation offers a more informal and collaborative environment for resolving disputes. It allows both parties to express their concerns and interests openly, with the mediator guiding the conversation towards a resolution.
- Preservation of Relationships: Unlike litigation, which can further strain relationships, mediation focuses on finding common ground and fostering understanding between parties. This can be particularly beneficial for preserving family relationships and minimizing conflict.
- Control and Flexibility: In mediation, parties have more control over the outcome and can explore creative solutions that may not be available through litigation. This flexibility can lead to more tailored and satisfying resolutions for all involved.
Choosing the Right Path:
Ultimately, the decision to litigate or mediate will depend on your specific circumstances and priorities. While litigation may be necessary in cases of serious misconduct or irreconcilable differences, mediation offers a more collaborative and cost-effective alternative for many families.
At Khan Mather, we’re committed to helping our clients navigate contested wills with compassion and expertise. Whether you choose litigation or mediation, our experienced team is here to provide guidance every step of the way.
If you’re facing a disputed will and unsure of the best course of action, don’t hesitate to reach out to us for a confidential consultation. Together, we can explore your options and develop a strategy that aligns with your goals and values.
Remember, resolving a disputed will can be challenging, but with the right support and guidance, you can achieve a satisfactory outcome and move forward with peace of mind.
by Saqib Khan | Jan 30, 2024 | General, Powers of Attorney, Wills
Khan Mather & Cancer Research UK – our partnership & membership of the CRUK Free Will Service
Khan Mather are proud partners of Cancer Research UK and have been a member of their Free Will Service since 2018. Since then, Khan Mather have helped more than 300 people write their Will for free and the pledged gifts in these Wills for Cancer Research UK are predicted to be worth over £1,000,000.
Cancer Research UK has been at the heart of the progress that has already seen cancer survival in the UK double in the last 50 years. Gifts in Wills fund a third of the charity’s research and have helped make this possible. Whether people pledge a gift in their Will in dedication to someone who has survived or in tribute to loved one’s they’ve lost to cancer, their gift will help Cancer Research UK to fund new discoveries and find new ways to outsmart the disease.
Cancer Research UK wants to accelerate progress and see 3 in 4 people surviving their cancer by 2034 and gifts in Wills are critical to that progress.
We offer the Cancer Research UK Free Will Service to anyone aged 18+ to easily write or update a simple Will for free. The service is available all year round. Most people who use the service leave a gift in their will to Cancer Research UK, although there is no obligation to do so.
Khan Mather are ready to help you put your Will in place through the Free Will Service and guide you in your consideration of leaving a gift in your Will to Cancer Research UK, after your loved ones have been taken care of.
The work that Cancer Research UK does and the progress that is being made means that more people will survive their cancer diagnosis in the future, more people will celebrate more occasions with their loved ones and more people will receive kinder, more effective treatments.
For more information about the Cancer Research UK Free Will Service, please contact Khan Mather on 0161 850 9911 and ask to speak to Georgina Hardman or gh@khanmather.co.uk or visit cruk.org/freewillservice
by Saqib Khan | Dec 15, 2023 | General, Powers of Attorney, Wills
Recently, there have been notable changes regarding Lasting Powers of Attorney (LPAs) that we believe are essential for you to understand.
LPAs are powerful legal instruments that allow individuals to appoint trusted individuals (attorneys) to make decisions on their behalf, especially if they were to lose mental capacity in the future. These documents provide peace of mind and ensure that your wishes are respected during challenging times.
Here’s a breakdown of the significant changes:
- Digitalisation and Accessibility: The process of creating and registering LPAs has become more accessible and efficient through digital channels. This enables individuals to complete and manage their LPAs online, streamlining the administrative process and reducing paperwork.
- Improvements in Safeguards: To enhance protection against abuse or misuse of LPAs, there have been improvements in the safeguards. This includes a requirement for a clearer explanation of an individual’s rights and the attorney’s responsibilities when acting under an LPA.
- Changes in Forms and Regulations: The forms used to create LPAs have been updated to better reflect current practices and regulations. These changes ensure that the documents accurately represent the wishes of the person creating the LPA and comply with legal requirements.
- Greater Flexibility: The revised LPAs offer more flexibility in the choice of attorneys and the instructions provided to them. This allows individuals to tailor their LPAs more precisely to their unique circumstances and preferences.
- Transition Period: For those who have already created an LPA before the changes, rest assured that your existing document remains valid. However, the new regulations might affect any future changes or amendments you wish to make.
At KhanMather, we’re dedicated to guiding you through these changes and ensuring that your legal affairs align with your intentions and needs. Whether you’re considering creating an LPA for the first time, updating an existing one, or seeking clarification about these alterations, our experienced legal team is here to support you every step of the way.
It’s important to recognise that while these changes aim to improve the efficiency and effectiveness of LPAs, understanding their implications might seem overwhelming. Hence, our team is available to address any questions or concerns you may have.
We encourage you to reach out to us for personalized guidance and to discuss how these changes specifically affect your circumstances. Your peace of mind and the safeguarding of your interests remain our utmost priority.
Thank you for entrusting us with your legal needs. We look forward to continuing to serve you with excellence and dedication.
Remember, it’s always advisable to seek personalised legal advice tailored to your specific situation when dealing with legal documents like LPAs.
Please call us on 0161 850 9911 where one of our Private Client Solicitors will be able to assist.
by Saqib Khan | Dec 5, 2023 | General, Powers of Attorney, Wills
Introduction
As we age, the prospect of needing long-term care becomes a concern for many individuals and their families. Care homes in the UK provide essential support and services for elderly citizens, but they often come at a substantial cost. To mitigate the financial burden, some individuals consider disposing of their homes to save on care home fees. In this blog, we’ll explore the options available to you and discuss the important considerations when making such a significant decision.
Understanding the Care Home Fees in the UK
Before delving into the strategies for managing your home to save on care home fees, it’s crucial to grasp the basics of how these fees work. In the UK, care home costs can vary significantly based on factors such as location, level of care needed, and the specific care home you choose. Generally, these fees cover accommodation, meals, personal care, and social activities.
The two primary types of care home fees in the UK are:
- Self-Funded Care: If your savings and assets, including your home, exceed the local authority’s threshold (currently £23,250 in England), you’ll be considered a self-funder and responsible for covering the full cost of your care.
- State-Funded Care: If your assets fall below the threshold, you may qualify for financial assistance from the local authority to help cover the cost of your care. However, you’ll still be required to contribute a portion of your income towards your care.
Exploring Strategies to Manage Your Home
- Renting Out Your Property: One strategy to consider is renting out your home, which can provide you with a steady income stream. This income may help you meet the cost of care home fees without depleting your savings. However, this approach may not work for everyone, as managing a rental property can be demanding, and the income generated may not cover the full cost of care.
- Deferred Payment Agreements: In England, you can explore the option of a Deferred Payment Agreement (DPA) if you meet specific criteria. With a DPA, the local authority covers your care home fees upfront, and you agree to repay them when your property is sold, typically after your passing. This can help protect your home while ensuring you receive the care you need.
- Gifting Your Property: Some individuals may choose to gift their property to family members or loved ones before entering a care home. However, this can have implications for inheritance tax and could be considered “deprivation of assets.” It’s crucial to seek legal and financial advice before pursuing this option to ensure it aligns with your goals and adheres to UK law.
- Equity Release Schemes: Equity release schemes allow you to access the value of your home without having to sell it. This can provide you with funds to cover care home fees while allowing you to remain in your home for as long as you wish. However, these schemes also come with risks, so it’s essential to fully understand the terms and potential consequences.
Conclusion
Navigating care home fees in the UK can be complex and emotionally challenging. Deciding what to do with your home is a significant part of this process, as it can impact your financial stability and the legacy you leave behind. It’s crucial to consult with financial and legal professionals who specialize in elderly care and estate planning to make informed decisions.
Ultimately, the goal should be to find a solution that ensures you receive the care you need without compromising your financial security or leaving your loved ones with unexpected financial burdens. By exploring the various strategies available and seeking expert guidance, you can make a well-informed choice that aligns with your unique circumstances and priorities.
Please call us if you have any concerns about your property with regards to the above. You can call our property team on 0161 850 9911 or email us on propertyteam@khanmather.co.uk.
by Saqib Khan | Nov 28, 2023 | General, Powers of Attorney, Wills
In a world brimming with misinformation, it’s crucial to set the record straight when it comes to legal matters. In the realm of UK law, several misconceptions have gained traction over the years, especially surrounding topics like common law marriage, wills, and inheritance. Let’s dive into these myths and unveil the truth behind them.
Myth #1: Common Law Marriage Holds Legal Weight
One of the most pervasive myths is the notion of “common law marriage.” Many couples believe that living together for a certain period or presenting themselves as married will grant them the same legal rights as legally married couples. However, the reality is quite different.
There is no legal recognition of common law marriage. Regardless of how long a couple has lived together, their legal rights and responsibilities do not mirror those of a married couple. This means that property, assets, and financial matters are not automatically protected by law in the same way they would be for married couples. In case of separation, each partner generally retains ownership of their individual assets, and disputes can become complex without proper legal agreements in place.
Myth #2: Wills Are Only for the Elderly or Wealthy
Another misconception revolves around wills. Many people believe that wills are only necessary for the elderly or those with significant wealth. However, creating a will is a crucial step for anyone who wants to ensure that their wishes are followed after their passing.
A will allows you to decide how your assets will be distributed, nominate guardians for your minor children, and even specify your funeral arrangements. Without a will, your estate will be distributed according to the intestacy rules, which might not align with your wishes. It’s essential to periodically update your will to reflect any changes in your life, such as marriage, divorce, or the birth of children.
Myth #3: Inheritance Laws Apply Equally to Everyone
The belief that inheritance laws apply uniformly to all individuals is another myth that needs debunking. Inheritance laws are influenced by various factors, including marital status, the presence of a will, and the value of the estate.
Spouses and civil partners have certain legal rights to inherit, even if they are not explicitly mentioned in the will. However, cohabiting partners, regardless of the duration of their relationship, do not have the same automatic rights. If you want your partner to inherit, it’s crucial to create a will that clearly outlines your wishes.
Dispelling the Myths: Knowledge is Key
Dispelling these myths is not just about legal accuracy; it’s about empowering individuals to make informed decisions about their relationships, assets, and future. Understanding the truth behind these misconceptions can help individuals protect their interests and their loved ones.
While the UK law might not recognize common law marriage, it does provide options for cohabiting couples to protect their rights through legal agreements. Creating a cohabitation agreement can help clarify ownership of property, financial responsibilities, and arrangements in case of separation.
When it comes to wills and inheritance, it’s never too early to start planning. A will provides you with the agency to distribute your assets according to your wishes and can prevent unnecessary disputes among surviving family members. Remember, creating a will is not just for the wealthy; it’s for anyone who wants to ensure their legacy is preserved as they intended.
In a world where misinformation can lead to unnecessary hardships, understanding the legal realities of common law marriage, wills, and inheritance is paramount. By dispelling these myths and seeking accurate legal advice, individuals can navigate these matters with confidence and security.
Please call our property or wills department depending on what issue you would like to discuss on 0161 850 9911.
by Saqib Khan | Sep 26, 2023 | Powers of Attorney, Wills
Introduction
A Lasting Power of Attorney (LPA) is a legal document that allows someone to appoint one or more individuals, known as attorneys, to make decisions on their behalf if they become unable to do so themselves due to illness, disability, or other circumstances. While choosing the right attorney is crucial, situations may arise where you need to remove an attorney from your LPA. This blog will guide you through the process of removing an attorney from your LPA.
Understanding the LPA
Before we delve into the process of removing an attorney, it’s essential to understand the different types of LPAs in the UK:
- Property and Financial Affairs LPA: This allows your attorney to manage your finances, property, and assets on your behalf.
- Health and Welfare LPA: This empowers your attorney to make decisions about your healthcare, medical treatment, and daily care.
Depending on your circumstances, you may need to remove an attorney from either or both types of LPAs.
Reasons for Removing an Attorney
There can be various reasons for wanting to remove an attorney from your LPA, including:
- Loss of Trust: If you no longer trust your attorney to act in your best interests.
- Incompetence or Mismanagement: If your attorney is not handling your affairs properly or is incapable of doing so.
- Personal Conflict: If you and your attorney have had a falling out or a personal dispute that hinders their ability to make decisions on your behalf.
Steps to Remove an Attorney from Your LPA
- Review Your LPA Document: Start by carefully reviewing your LPA document to ensure you have the legal authority to remove an attorney. Consult a solicitor if you are unsure about the terms and conditions.
- Choose a Replacement Attorney: If you are removing an attorney from your LPA, you may need to appoint a replacement attorney if you still want someone to act on your behalf. Ensure the replacement attorney is willing and able to take on the responsibility.
- Complete the LPA Revocation Form: To officially remove an attorney from your LPA, you must complete the LPA revocation form. This form can be obtained from the Office of the Public Guardian (OPG) or downloaded from their website. The form requires your details, the attorney’s details, and the replacement attorney’s details (if applicable).
- Notify the Attorney: You should inform the attorney you wish to remove about your decision. This is often done in writing to ensure there is a record of the communication.
- Witness and Sign the Form: You must sign the LPA revocation form in the presence of an independent witness. The witness must also sign the form. The witness cannot be the attorney or the replacement attorney if you are appointing one.
- Send the Form to the OPG: Once the form is completed and signed, send it to the Office of the Public Guardian. There may be a small fee associated with this process, so check the current fee structure on the OPG website.
- Notify Relevant Parties: Inform any institutions or individuals that interacted with the attorney about the revocation of their authority. This could include banks, healthcare providers, and care homes.
- Register the New LPA (if applicable): If you have appointed a replacement attorney, you may need to register the new LPA with the OPG. The registration process ensures the legality of the new attorney’s authority.
Conclusion
Removing an attorney from your LPA is a legal process that must be done correctly to protect your interests. It’s essential to follow the appropriate steps, including notifying the attorney and completing the necessary forms. Consulting with a solicitor who specializes in this area of law can provide valuable guidance and ensure that you navigate the process smoothly. Always remember that an LPA is a powerful legal document, and its management should be approached with care and consideration for your best interests.P
Please get in touch if you would like any help with creating or altering an LPA on 0161 850 9911.
