Losing capacity

“Capacity”, which is really shorthand for “mental capacity”, is lawyer’s jargon for the ability to make decisions.

We aren’t talking here about being indecisive, but whether an individual has got the level of understanding that is legally required to make decisions for themselves.

Sometimes it’s easy to recognise – the patient in a coma in hospital is clearly not able to make decisions.

Paytons Solicitors April 14th, 2019

Posted In: Blog

Hints for the unwary executor

After someone has died, executors often start by looking on the internet for information on how to obtain probate and administer an estate themselves. But is this really a good idea?

Until 2007, when the first of a married couple died, they had to use their inheritance tax-free allowance (currently £325,000), known as a nil rate band (“NRB”) at the time of that first death – or lose the allowance altogether. Therefore wills usually included a trust, known as a “nil rate band discretionary will trust”.

In 2007 the inheritance tax rules changed

Paytons Solicitors April 8th, 2019

Posted In: Blog

Gone are the days of the “deeds”

For people who are lucky enough to be property owners, the idea of “deeds” is deep-rooted. I’ve lost count of the number of people who have talked to me about “getting their deeds” back when they finally pay their mortgage off, or have spoken about whose names are “on the deeds”.

Yet for most property owners, there is no such things as deeds any more.

Paytons Solicitors March 9th, 2019

Posted In: Blog