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Please find below the latest blogs from our Lifetime Planning team.
The recently announced Autumn Budget marked important changes for inheritance tax rules in England and Wales, which may impact your Lifetime Planning decisions. Beverley Bowen, Director and Head of Lifetime Planning – Swansea at JCP Solicitors,...
JCP Solicitors has been appointed to the Mencap panel for Wills and Trusts, naming Sean Boucher , Beverley Bowen and Rebecca Danks in the Mencap list of accredited legal professionals for Lifetime Planning. Mencap is a UK-wide organisation which...
In what the NFU has described as a ‘Budget blow for British farming’, the Chancellor’s Autumn Budget has brought in several measures which impact farms in Wales and England. The changes have caused much debate within the agricultural...
Sean Boucher, Director in the Lifetime Planning team at JCP Solicitors, explains how the Government’s potential changes to inheritance tax could impact farmers. In October 2024, it was revealed that the Government may have plans to increase the...
JCP Solicitors is delighted to announce that Cherrie Powell, a Legal Advisor in the Lifetime Planning team, has joined the Caerphilly Business Club Board. To her new role on the Business Club Board, Cherrie brings a wealth of experience and expertise...
Do you live in Wales or England and need a Power of Attorney? Leading money-saving expert Martin Lewis has recently shared his advice on the subject here saying that a Power of Attorney (known as a Lasting Power of Attorney) is not just for older...
As the appointed NFU Panel firm for South Wales since 2008, JCP Solicitors has a proud history of supporting the agricultural sector by providing expert legal advice on all areas of rural law. Through our panel membership with the NFU, we are delighted to...
The 13th – 19th May 2024 marks Dementia Action Week , a poignant time to address the challenges faced by those living with dementia and their loved ones. A vital part of supporting a loved one who is showing signs of dementia or even before this is...
As AI becomes more prevalent in our professional and personal lives, the question arises: should artificial intelligence (AI) be trusted with legal responsibility? Mike Downey, Director & Head of Lifetime Planning in East Wales, explains why it...
In April 2017, the Residence Nil Rate Band was introduced to provide an additional Inheritance Tax Relief for homeowners who wanted to leave their property to a direct descendant. Any unused portion of this Relief is transferrable between married couples....
The legal world has long been notorious for the prolix obfuscation of its language, using four words where one would do in order, it is thought, to keep lay people in the dark. For the last twenty years or so, however, steps have been taken to make things...
Banks v Goodfellow is a landmark legal case that set a precedent in defining the standard for testamentary capacity, which refers to the mental capacity required to make a valid will. This case, established in 1870, remains a cornerstone in the legal...
In the realm of farming families and inheritance, proprietary estoppel can play a significant role in addressing claims and rights concerning property and land. This legal doctrine, often prevalent in agricultural settings, aims to address situations where...
Carmarthen-based Sean Boucher , Director and Head of Lifetime Planning - West Wales at JCP Solicitors, has been appointed as a full member of the Society of Trust and Estate Practitioners (STEP) - becoming one of West Wales’ few...
Will disputes, unfortunately, can arise and complicate the distribution of assets following the passing of an individual. These conflicts often stem from various reasons, leading to legal battles, emotional strain, and family discord. Understanding the key...
"Our family farm has passed through several generations and I would like to protect it for future generations. Would drafting a Will help me achieve this?” Having a correctly drafted Will can provide peace of mind in ensuring your farm passes...
When a loved one passes this is understandably an emotionally difficult time, and, if you feel that the Will detailing what should happen with that person’s estate is invalid, you may not know where to turn. At JCP Solicitors, we have an expert, caring...
It is very important that we all consider making a Will, as this enables us to set out where we want our assets to go after our death. As part of this process, many of us also opt to make a record of our digital assets in order to assist our loved ones after...
“Our family farm has passed through several generations and I would like to protect it for future generations. Will a Will help me achieve this?” For many farmers, their farm is their most treasured asset and it is important to seek legal...
As we celebrate Pride Month, here’s some expert advice on Wills and Lasting Powers of Attorney for civil partnered and cohabiting couples. Wills Many couples (whether in a mixed-sex or same-sex relationship) are not married or in a civil...
There are a number of factors to think about when considering the type of deputy that is most suitable for your loved one’s circumstances. Jac Staddon, a Director in the Court of Protection team at JCP Solicitors explains more: If a loved one, of...
The number of registered Lasting Powers of Attorneys (LPAs) has increased drastically in recent years to more than 6 million . This could be down to the fact that more and more people are living with diseases such as Alzheimer’s and dementia. Lasting...
Making a Will is the best way to ensure that your wishes are carried out after your death. Whether you wish to pass assets and items to your family or to help a charity that is important to you or has helped you or your family through a difficult time. You...
"My husband and I have made Wills that say when one of us dies everything passes to the survivor. Then, when the survivor dies, everything passes to our daughter. If we have to go into nursing care, will our wishes be respected?" Many couples...
"I’m separated from my son’s mother, who has severe personal issues. If I were to pass away unexpectedly, she would be unsuitable to care for him. How can I ensure he is cared for appropriately if this happens?" Having a Will in...
"My same-sex partner has a property portfolio and they want us to enter a civil partnership, partly to make sure I inherit so I can provide for our child. Isn’t a Will that names me the beneficiary enough?" If you both...
Whilst we do not like to think about it, the number of those living with Dementia and Alzheimer’s is on the increase. Also, owing to a more advanced health service, we are more likely to survive an illness such as a stroke or heart attack. Both of...
JCP Solicitors is pleased to appoint Beverley Bowen, a leading light in its Lifetime Planning team, as a Director and Head of the Swansea based team. The promotion is one of four across the business, unfolding to support JCP’s continued expansion....
If you are married with children and have no valid Will in place, you would be wrong to assume that all of your assets necessarily pass to your spouse on your death. If you remarry/divorce and do not create a new Will, or die without ever having made a...
JCP Solicitors is pleased to appoint Joanna Fenoulhet, a leading light in its Cowbridge Lifetime Planning team, as a Director. The promotion is one of four across the business, unfolding to support JCP’s continued expansion. Joanna is now a senior...
JCP Solicitors is pleased to appoint Sean Boucher, from its Carmarthen office, as a Director and Head of the West Wales Lifetime Planning team. The promotion is one of four across the business, unfolding to support JCP’s continued expansion. A...
“My elderly mother has Alzheimer’s and has now lost the capacity to make decisions on her own financial affairs. I need to be able to sell her house and manage her assets for her, but without a Lasting Power of Attorney in place, how can I do...
"My husband had a health scare recently that has prompted us to think about making Wills. We both have adult children from previous relationships. Would Mirror Wills work?" Mirror Wills look like a straightforward, inexpensive...
"My sister appointed me as an Executor to her Will, but I am finding the process of probate overwhelming, especially at a time when I am grieving. Do I have any options?" I’m sorry to hear about your loss. Grief can make it very hard for...
Over recent years there have been some quite substantial changes to the allowances regarding inheritance tax, and there is talk of further changes for example in respect to gifts. With the Government considering ways that it can raise additional revenue to...
"I have been putting off making a Will because I have some complex family circumstances to consider and I want to talk them through with a Solicitor face-to-face. Are email and video call the only options at the moment?" It is important to...
"My mother wants to give my step-sister and me authority to deal with her financial affairs. We need a fairly simple document and there are templates available that would work for us, I think. Are these legally sound?" A Lasting Power of...
It has been widely reported that the Chancellor delivered his budget for 2021 to Parliament on 3rd March 2021. Whilst the issue of Inheritance Tax was not covered in great depth, the Chancellor has confirmed that the current thresholds for Inheritance Tax...
My wife and I want to make Wills to ensure the surviving spouse will be well provided for after one of us dies. Whilst we are happy to leave everything to each other we want to make sure that any remaining assets go to our children and grandchildren rather...
"I am in my 60s and I run a farm with my daughter. I have a friend who was laid up for months with Covid-19 – now recovered – and this has made me think about enabling my daughter to take over my financial affairs if necessary. What can I...
Nobody wanted to see Wales go into another lockdown, but it is important that we support each other and the public health at this difficult time. If you have run out of DIY jobs to do and you cannot face baking any more banana bread, why not use this...
The #FreeBritney campaign has been one of the most head-turning campaigns to make waves across social media this month. This unusual case sees the pop star attempt to extract herself from her ‘conservatorship’ - a legal concept in the United...
Sadly, disputes over family farms hit the headlines with increasing frequency, and a case that was dealt with by the High Court in recent months will have given many farming families pause for thought. The case saw the Court of Appeal make a judgement in a...
In response to the coronavirus pandemic, the introduction of new legislation has been announced allowing Wills to be witnessed virtually in England and Wales. Although the legislation is not expected to come into force until September, it will be backdated...
During lockdown, our thoughts may have turned to spring cleaning the house, tidying up the garage, or sorting out that problematic bits and pieces drawer in the kitchen. But, turning your attention to your finances could be a better use of your time. ...
JCP Solicitors has been shortlisted in two categories of this year’s Wales Legal Awards – Private Client Team of the Year and Innovation in Response to COVID-19. These prestigious awards pressed ahead in spite of the recent upheaval faced by the...
In our Ask The Legal Expert column we get the latest specialist advice from the Lifetime Planning team at JCP Solicitors. Sean Boucher, an Associate Solicitor and expert in Wills and Probate, tackles a question about DIY...
Working with CS Local Cymru Wales, Mike Downey, JCP Solicitors answers questions on Lasting Powers of Attorney. Mike is the Director and Head of Lifetime Planning in South East Wales. ...
Whilst no one likes to think about these situations, there may come a time when you lack the mental capacity to make decisions for yourself. This could come about as a result of an accident or a medical condition for example dementia. Lasting Powers...
"We have just welcomed a grandchild into the family and we are keen to make Wills, to ensure everyone is taken care of if something were to happen. Will a Will get processed now, in light of the current crisis?" It is important to make a Will,...
Those who were lucky, or forward-thinking enough to have jumped on the cryptocurrency bandwagon early may now be reaping the benefits. Certainly, as those who grow up in the modern digital age grow older, it is becoming increasingly important for Solicitors...
Disputes over inheritance are, sadly, very common, and they can cause lasting damage to family ties. While a carefully-written Will can ensure an estate is distributed according to the wishes of the deceased, Wills can be successfully contested, under some...
It isn’t every day that you are invited to have a cuppa with a rugby legend, but people throughout South and West Wales who are experiencing feelings of loneliness can meet up with Dafydd James at a friendly coffee morning, to help them tackle...
Many married couples or those in a civil partnership who have actively chosen not to make a Will do so on the understanding that the law will allow their spouse or civil partner to automatically inherit their whole estate when they die. A spouse or...
Sadly, disputes over family farms hit the headlines with increasing frequency, and a case that is being dealt with by the High Court at the moment will be particularly troubling for many. This case sees a farmer being sued by his mother in a bitter court...
I made a Will some years ago, bequeathing my estate to my daughter. However, in recent years I have received a lot of support from a small, local charity and I would like to leave a healthy sum to them. Must I go through the Will-making process again? It...
I run an online business, I keep personal and private documents and family photos in the cloud, I own some domain names and I bank online. Some of these accounts may fall by the wayside when I die, but my children will need to access others after my death....
When someone passes away, the items that they own at the time of their death, such as property and money is collectively known as their estate. The person who is to administer the estate (either the person appointed under the will or possibly the next of kin...
Young adults often delay writing a Will in the belief that they are not old enough or are not wealthy enough to need one. I know from my own experience of being in my late twenties, that embarking on a career and starting a family have been my main...
21st September 2019 is World Alzheimer’s Day which aims to increase awareness of Alzheimer’s disease and Dementia around the world. I felt that this was an apt time to discuss some of the legal aspects affecting those people living with...
My wife and I are making Wills and we plan to give some money to the children now, before they inherit, to help them set up home. We’re nervous about tussling with the tax man, or causing problems for our children. What rules do we need to abide by? ...
I am a part-time carer for my elderly mother, who is physically frail, but mentally sharp. She and my sister have been estranged for decades, but she has approached mum recently to ask her for a large loan. My mother is considering agreeing to this, since...
My wife and I are recently married and are considering making Mirror Wills, since they seem the simplest option. I have an adult daughter and my wife has no children. Would a Mirror Will work for us? Some couples do opt to file Mirror Wills...
Some unusual legal cases have hit the headlines in recent weeks, highlighting the importance of making a Will, and of seeking professional advice to ensure it is valid. One colourful case saw a cabbie claim that a regular fare had bequeathed him his whole...
Making a Will can be an emotive topic for many people, and there are a number of myths surrounding Will-making that can either scare people away from writing a Will, or that can prompt people to make ill-informed decisions. Here are some of the myths we...
I have children and step children and a small property to leave, so I’m aware I need to make a Will. My family and I have discussed my wishes and I don’t expect conflicts to arise after my death. Do I need to make a formal Will or can I just...
My mother’s memory is deteriorating swiftly, but she is fiercely independent and has never consented to my sister and I taking responsibility for her affairs. We fear we have left this too late, and we worry her finances will become a mess. What can...
My son has worked with me on the family farm for 20 years and I’ve told him in the past that he would inherit the business. However, we have had a serious rift. If I now leave the farm to his sister and mother could my son contest the Will upon my...
My husband and I are thinking about making Wills, naming potential guardians for our young daughter. How do we get the detail right? The sudden loss of parents brings legal complexities that can be hard for grieving children to cope with. So, you are wise...
Growing numbers of people in Britain are transgender, and the legalities around the treatment of transgender people are increasingly being addressed in the legal sphere. Transitioning is a complex undertaking, physically, emotionally, and practically, and...
Sean Boucher , an Associate Solicitor in our Lifetime Planning team tackles an issue around putting your home in a trust. I have been approached by a wealth management firm who say they can help me prevent my home being sold to fund long-term care,...
The Archbishop of Canterbury, Justin Welby, has ruffled some feathers by using colourful, biblical language to condemn some of the UK’s current economic practices and their apparatus. The churchman delivered a series of condemnations - at a...
Mike Downey, Director and Head of Lifetime Planning in South East Wales at JCP Solicitors, considers proposals for sweeping changes to Inheritance Tax that would potentially apply to thousands of people across the UK, if they were adopted. A recent report...
Thousands of people set up and register Lasting Powers of Attorney (LPAs) each year whilst they are fit and well, as a sensible way of allowing a trusted person - an Attorney - to assist them and make important decisions on their behalf about...
I run a plumbing business with my dad, who plans to leave it to me on retirement. Dad is 65 now and a little forgetful. He has left signed and detailed instructions about our succession plans, but not as a formal Will. He argues that everyone has always...
We live in an increasingly digital world but very few of us give any thought about what will happen to our digital ‘assets’ when we die. Indeed, there are still more people who die without a Will than with one – and of the (relatively) few...
While the National Insurance kerfuffle grabbed the headlines, there were other points of interest to emerge from the Spring Budget, with Inheritance Tax and Capital Gains Tax getting some attention from the Chancellor. New rules on Inheritance Tax are set...
The widely-reported case of a daughter who has made a claim on her mother’s estate after her death, despite their long estrangement, highlights the importance of leaving very clear instructions in your will about how you expect your estate to be...
JCP Director and Head of Lifetime Planning Disputes, Richard Howells, shares advice on preventing inheritance claims after death. “My son has worked with me on the family farm for 20 years and I have told him in the past that he would inherit the...
“By failing to prepare, you are preparing to fail” … Benjamin Franklin perfectly summarises the position in respect of preparing a will. Many underestimate the importance of preparing a will and many assume that it is too early to think...
This years‘ remember a charity in your Will’ week takes place between 7 – 13 September. The purpose of the week is to help promote charitable giving in Wills. Charities rely heavily on these donations, with many estimating that between 20%...
There is a new EU regulation in relation to succession known as Brussels IV. This regulation will apply to the succession of assets of those who die on or after 17th August 2015. The regulations govern which EU member states rules will apply to...
Does anybody like the thought of making a Will? It’s not an easy subject to broach and many of us will simply put it off until another day. Whilst there are rules in place, known as the intestacy rules, which will apply where there is no Will, this may...
Every day, people are doing legendary things for good causes – sky diving, mountain climbing, marathon running to name a few. Gifts in Wills are lesser known, but equally legendary acts in the way they support charities. They are worth more than...
The increase in people deciding to act as executor and deal with a person’s estate without taking professional advice has meant claims at the High Court against executors for breach of their duty to a deceased’s estate have tripled in the last...
For a will to be valid, the person making the will, known as “the Testator” must have sufficient mental capacity to execute the will at the time the will was signed and witnessed. The test for testamentary capacity has long been established...
After last week’s Budget announcements David Cameron has confirmed that he would still like to look at increasing the Inheritance Tax threshold. At present the Inheritance Tax threshold (called the nil rate band) is £325,000 per person. ...
Until recently, it was established law that a will had to be signed correctly to be valid, however, the recent ruling by the Supreme Court in the case of Marley v Rawlings [2013] has cast a shadow of doubt over this presumption. The case concerned a will of...
Wednesday 19th March saw George Osborne announce his 5th Budget as Chancellor. There was little news regarding Inheritance Tax. It was announced in the 2013 Budget the threshold for inheritance tax is to be frozen at £325,000 until the tax...
Mum, Dad and son are all partners in a farm where the farmland is owned 50% by Mum and 50% by Dad. Mum and Dad make Wills under which they pass their respective partnership shares to their son on first death but the remainder of the estate is to pass...
I am always surprised at the number of business owners that I talk to who have not considered the impact that the unexpected death or critical illness of one of the owners would have on their business. Many have successful businesses and are understandably...
Yesterday saw George Osborne release his 2013 Autumn Statement. In the Statement Mr Osborne reminded everyone that this Government is clamping down on tax evasion, avoidance and aggressive tax planning. There was no announcement regarding any changes...
Interest in possession trusts, also known as life interest trusts, are a common form of trust and can be created either under your Will or as a lifetime trust. This type of trust gives the beneficiary an immediate right to any income earned in the...
Parents naturally want to protect and provide for their children and one of the key ways to do this is to make a Will. For parents of young children or adult children with learning disabilities, this is even more essential. Without a Will,...
Thinking and talking about what would happen to our assets and finances if we suffered from a serious accident or mental illness is not something we like to think about. Sadly these situations do happen and usually without warning. What we often...
