by Saqib Khan | Jun 4, 2025 | General, Powers of Attorney, Wills
At Khan Mather, we believe that preparing for the future should be a straightforward and reassuring process. That’s why we’re keenly following the Law Commission’s recently published “Modernising Wills Report”, a significant step towards bringing wills law into the 21st century. This comprehensive review, culminating in a final report on 16th May 2025, proposes crucial reforms to the Wills Act 1837 – a piece of legislation that has remained largely unchanged for over 180 years.
So, what does this mean for you and your estate planning? Let’s break down the key recommendations:
- Embracing the Digital Age: Electronic Wills
One of the most anticipated and impactful recommendations is the groundwork laid for electronic wills. While not immediately becoming legal, the report proposes empowering the government to introduce them in the future, once robust safeguards are in place. This would allow wills to be created, signed, and stored digitally, moving away from the traditional paper-based system.
What this means for you:
This could offer greater flexibility and convenience, especially for those with digital assets, mobility issues, or who travel frequently. However, the emphasis on robust systems for authenticity, security, and protection against undue influence is paramount, and we at Khan Mather will ensure we are at the forefront of understanding and implementing any future changes.
- A More Flexible Approach: Dispensing Power for Imperfect Wills
The current law is notoriously strict when it comes to the formalities of making a valid will. Even minor errors can lead to a will being deemed invalid, often frustrating a testator’s clear intentions. The Law Commission recommends granting the courts a dispensing power. This would allow judges to uphold a will even if it doesn’t meet all the formal requirements, provided they are satisfied that it clearly represents the deceased’s genuine testamentary intentions at the time of their death.
What this means for you:
This is a welcome change that aims to prevent unintended intestacy (dying without a valid will) due to technicalities. It could open the door for informal notes, voice recordings, or even video messages to be considered if they clearly express a person’s wishes. While this offers more flexibility, it also highlights the continued importance of clear and unambiguous expression of your intentions, and professional legal advice remains crucial to minimise potential disputes.
- Lowering the Age for Making a Will: 16 and Beyond
Currently, you must be 18 to make a valid will. The report suggests lowering this age to 16 years old. This aligns the ability to make a will with other legal responsibilities that individuals can undertake at this age, such as marrying. The court could also be given the power to authorise a will for a child under 16 in specific circumstances.
What this means for you:
This recognises the increasing financial independence of young people and allows them to plan for their assets, especially in situations where they may have complex family circumstances or face serious illness.
- Ending the “Predatory Marriage” Trap: No Automatic Revocation on Marriage
Under current law, getting married or entering a civil partnership automatically revokes any existing will, unless the will was made in contemplation of that specific marriage. This rule often catches people unawares and can lead to unintended consequences, sometimes even facilitating “predatory marriages” where vulnerable individuals are married for financial gain, with their previous will being invalidated.
The Law Commission recommends abolishing this automatic revocation rule.
What this means for you
This is a crucial safeguard, protecting vulnerable individuals and ensuring that a person’s carefully considered testamentary wishes are not inadvertently cancelled by marriage. While beneficial, it does mean that if you wish your will to change upon marriage, you will need to specifically update it.
- A Unified Approach to Mental Capacity and Undue Influence
The report proposes aligning the test for testamentary capacity with the more modern framework of the Mental Capacity Act 2005, providing greater consistency across different areas of law. Furthermore, it recommends a statutory doctrine for undue influence, allowing courts to infer undue influence where there are reasonable grounds to suspect it, offering better protection for vulnerable testators.
What this means for you:
These recommendations aim to provide clearer guidance and stronger protections against manipulation and coercion when a will is being made.
What Happens Next?
The Law Commission has published its final report and a draft Bill for a new Wills Act. It is now up to the Government to consider these recommendations and decide whether to introduce legislation. While there’s no immediate change to the current law, these proposals signal a significant shift in how wills may be viewed and created in the future.
Our Advice at Khan Mather
Until any new legislation is formally enacted, it is vital to continue to make and execute your will in accordance with the existing Wills Act 1837. This ensures your wishes are legally binding and minimises the risk of disputes.
The proposed reforms highlight the importance of regularly reviewing your will to ensure it reflects your current wishes and circumstances. Whether you’re considering making a new will, updating an existing one, or simply want to understand how these potential changes might affect your legacy, the Private Client and Wills team at Khan Mather is here to help.
Telephone Georgina on 0161 850 9911 for expert, tailored advice and peace of mind for your future.
by Saqib Khan | May 22, 2025 | General, People, Powers of Attorney, Wills
In a significant development for bereaved families, HM Courts and Tribunals Service (HMCTS) has successfully reduced average probate waiting times from twelve weeks at the end of 2023 to just over four weeks by December 2024. This improvement is part of the government’s initiative to address backlogs exacerbated by the COVID-19 pandemic .
Key Improvements:
- Digital Applications: Approximately 80% of probate applications are now processed online, with digital applications averaging just over two weeks to complete.
- Efficient Processing: For applicants who submit documents without issues, probate is granted in less than a week on average.
- Staff Training: Additional staff have been trained as part of the government’s Plan for Change to restore public services .
At Khan Mather Solicitors, we welcome these advancements, which aim to ease the burden on individuals navigating the probate process during challenging times. Our team remains committed to providing expert guidance to ensure a smooth and efficient experience for our clients.
If you have any questions regarding Probate, please do not hesitate to contact Hannah on 0161 850 9911.
by Saqib Khan | Apr 29, 2025 | General, People, Powers of Attorney, Wills
A will is a legal document that outlines how you want your assets to be distributed after you die. It is important to have a will because it allows you to control what happens to your property and who inherits it. Without a will, your assets will be distributed according to state law, which may not be in accordance with your wishes.
Here are some of the benefits of having a will:
• You can control who inherits your property. This is the most important benefit of having a will. You can choose who you want to inherit your property, rather than having it distributed according to state law.
• You can choose who you want to be your guardian. If you have minor children, you can choose who you want to be their guardian in your will. This will ensure that your children are taken care of by someone you trust.
• You can choose who you want to be your executor. Your executor is the person who is responsible for carrying out the terms of your will. You can choose someone you trust to be your executor.
• You can make charitable donations. If you want to make charitable donations in your will, you can do so. This is a great way to give back to your community.
• You can avoid probate. Probate is the legal process of distributing a deceased person’s estate. If you have a will, you can avoid probate, which can be a lengthy and expensive process.
Here are some of the things you should consider when making your will:
• Who are your beneficiaries? Your beneficiaries are the people who will inherit your property. You should make a list of your beneficiaries and the percentage of your estate you want to leave to each person.
• Who is your executor? Your executor is the person who will be responsible for carrying out the terms of your will. You should choose someone you trust to be your executor.
• What are your assets? You should make a list of all of your assets, including real estate, bank accounts, investments, and personal property.
• What are your debts? You should make a list of all of your debts, including mortgages, credit cards, and other loans.
• What are your funeral wishes? You should let your executor know your funeral wishes.
It is important to have your will reviewed by an attorney to ensure that it is legally valid. An attorney can also help you to make sure that your will reflects your wishes.
If you do not have a will, you should make one as soon as possible. Having a will is one of the most important things you can do to protect your loved ones.
KhanMather is a law firm that can help you with all of your estate planning needs. We can draft a will for you, and we can also help you with other estate planning matters, such as creating a trust or power of attorney.
In addition to the benefits listed above, having a will can also help to:
• Reduce family conflict. When someone dies without a will, their family may argue over who should inherit their property. A will can help to avoid these types of conflicts.
• Protect your minor children. If you have minor children, a will can help to ensure that they are taken care of by someone you trust.
• Provide for your pets. If you have pets, you can include provisions in your will for their care.
• Support your favourite charities. If you want to support your favourite charities, you can include provisions in your will for them.
Having a will is an important part of estate planning. It is a document that can help to ensure that your wishes are carried out after you die.
If you would like to know more, please telephone Hannah on 0161 850 9911 today.
by Saqib Khan | Mar 26, 2025 | General, Powers of Attorney, Wills
At KhanMather, we understand that planning for the future and ensuring your wishes are honoured is of utmost importance. A common concern for many is inheritance tax (IHT), and how to manage it effectively. If you’re considering leaving a portion or all of your estate to charity, you’ll be pleased to know that UK law offers significant benefits.
Key Takeaways:
• Gifts to Charity are IHT-Free: Any amount you leave to a registered charity is completely exempt from inheritance tax. This means the full value of your donation goes to the cause you care about.
• Reduced IHT Rate: If you leave 10% or more of your net estate (the value after deducting the nil-rate band and any other reliefs and exemptions) to charity, the standard IHT rate on the remaining taxable portion reduces from 40% to 36%. This can result in a substantial saving for your beneficiaries.
• Capital Gains Tax (CGT) Exemption: If an asset in your estate increases in value between the date of death and its sale, there may be a CGT liability. However, charities are exempt from CGT. Therefore, gifting an asset to charity before its sale can reduce the overall tax liability of your estate.
• Proper Will Drafting is Crucial: To ensure your wishes are carried out and to minimize the risk of your will being challenged, it’s vital to have a properly drafted will. Discuss your plans with your loved ones to avoid potential disputes.
• Deed of Variation: A Deed of Variation allows beneficiaries to redirect their inheritance, potentially offering tax advantages. If someone inherits assets they don’t need, gifting them to their children via a Deed of Variation can bypass the usual 7-year rule for inheritance tax.
Example:
Imagine you are 70 years old with an estate worth £530,000 and wish to leave your wealth to charity. In this scenario, the entire amount left to charity would be exempt from inheritance tax.
Important Note: Special rules apply. It’s crucial to seek professional legal advice when planning your estate, particularly when considering charitable giving.
How KhanMather Can Help:
Our experienced team at KhanMather can provide expert guidance on all aspects of estate planning, including inheritance tax and charitable giving. We can help you:
• Draft a will that accurately reflects your wishes.
• Advise on the most tax-efficient ways to structure your charitable donations.
• Ensure your estate plan is fully compliant with UK law.
Contact Georgina today on 0161 850 9911 for a consultation to discuss your specific circumstances and create a plan that secures your legacy and supports the causes you value.
by Saqib Khan | Jan 2, 2025 | General, Powers of Attorney, Wills
Planning for the future is crucial, and Lasting Powers of Attorney (LPAs) are a vital tool for ensuring your wishes are respected should you lose the capacity to make decisions for yourself. However, recent reports suggest that application processing times are falling short of targets, causing concern for many. At KhanMather, we understand the importance of a timely LPA process and are here to provide clarity and guidance.
What is a Lasting Power of Attorney?
An LPA allows you (the “donor”) to appoint trusted individuals (the “attorneys”) to make decisions on your behalf if you become unable to do so yourself. There are two types of LPA:
- Property and Financial Affairs: This covers decisions about your finances, such as managing bank accounts, paying bills, and selling property.
- Health and Welfare: This covers decisions about your healthcare, such as medical treatment, daily care, and where you live.
The Current Situation with Application Timings:
The Office of the Public Guardian (OPG) is responsible for registering LPAs. While they strive to process applications efficiently, various factors can contribute to delays. These can include:
- High Application Volumes: Increased awareness of the importance of LPAs has led to a surge in applications, placing pressure on processing times.
- Errors in Applications: Incomplete or inaccurate applications require further clarification, leading to delays.
- Complex Cases: Applications involving complex family dynamics or financial arrangements may take longer to process.
What This Means for You:
Longer processing times can cause anxiety and uncertainty, especially for those who urgently need an LPA in place. It’s crucial to plan ahead and submit your application well in advance of any anticipated need.
How KhanMather Can Help:
At KhanMather, we can guide you through the LPA process, ensuring your application is accurate and complete to minimize potential delays. Our services include:
- Providing clear and concise advice on the different types of LPAs and their implications.
- Helping you choose suitable attorneys.
- Preparing and submitting your LPA application correctly.
- Addressing any queries or concerns you may have throughout the process.
Key Takeaways:
- Plan Ahead: Don’t wait until a crisis occurs to apply for an LPA. Start the process early to avoid potential delays.
- Ensure Accuracy: Double-check all information on your application to prevent unnecessary delays.
- Seek Professional Advice: Consulting with a solicitor can help ensure a smooth and efficient LPA process.
Contact us today on 0161 850 9911 for a consultation to discuss your LPA needs and how we can help you secure your future.
by Saqib Khan | Nov 19, 2024 | General, Powers of Attorney, Wills
Your Will is a crucial legal document that outlines how you want your assets to be distributed after your passing. However, significant life events such as marriage, divorce, and separation can significantly impact the validity and effectiveness of your existing Will. It’s essential to understand how these events can affect your estate planning and take necessary steps to ensure your wishes are carried out.
Marriage
- Revocation of Existing Will: In most cases, getting married automatically revokes any Will you had previously made. This means that your earlier Will becomes invalid, and your estate will be distributed according to intestacy laws unless you create a new Will after your marriage.
- Intestacy Laws: If you die intestate (without a valid Will), your assets will be distributed according to specific rules set out in intestacy laws. These laws may not align with your intended wishes, particularly if you have children from a previous relationship.
Divorce
- Revocation of Gifts to Ex-Spouse: If you divorce, any gifts or bequests made to your former spouse in your Will are typically revoked. This means that your ex-spouse will not inherit anything from your estate unless you have explicitly stated otherwise in your Will.
- Review of Guardianship Clauses: If you have children, your Will may appoint a guardian to care for them. After a divorce, it’s crucial to review and update these guardianship clauses to ensure that the person you want to care for your children is still suitable.
Separation
- No Automatic Revoking: Unlike marriage and divorce, separation does not automatically revoke your Will. However, it’s important to consider the potential impact of separation on your estate plan.
- Reviewing Beneficiaries and Guardians: If you have separated from your spouse, you may want to review the beneficiaries named in your Will and ensure that they are still the people you want to inherit your assets. You may also need to reconsider the guardianship provisions for your children.
Taking Action
To protect your wishes and avoid potential legal complications, it’s essential to take the following steps:
- Review Your Will: After a significant life event, consult with a solicitor to review your Will and make any necessary changes.
- Create a New Will: If your Will is outdated or no longer reflects your intentions, consider creating a new Will to ensure your wishes are carried out.
- Seek Legal Advice: If you have any questions or concerns about the impact of marriage, divorce, or separation on your Will, seek legal advice from a qualified solicitor.
By taking proactive steps to update your Will, you can have peace of mind knowing that your assets will be distributed according to your wishes, even after significant life changes.
If you have any questions or wish to discuss the above, please contact our Private Client Team on 0161 850 9911.
