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All Estate Planning Articles: Page 7

Every article we publish for England & Wales, newest first: articles 361 to 402 of 402. Prefer to browse by subject? Start from the topic hubs.

Power of Attorney Financial Abuse UKFinancial abuse under a Lasting Power of Attorney is a serious form of elder abuse. How to spot the warning signs, report concerns, and the role of the OPG.
Precatory Trusts in a Will UK: Wishes vs DutiesWords like 'I wish' or 'I hope' in a will do not automatically create a trust. How precatory words differ from binding duties, and how to say what you mean.
Privileged Wills UK: Armed Forces, Soldiers & MarinersSoldiers, sailors, airforce personnel, and mariners on active service can make a privileged will in England and Wales with no witnesses and no writing.
Probate Fees and Costs UK: What You Will Pay | WillSafeUnderstand the full cost of probate in England and Wales: the £526 HMCTS application fee, sealed copies, solicitor fees and estate agent fees explained.
How to Search the Probate Register in England & WalesA plain-English guide to searching the probate register for England and Wales: see whether a grant has issued, order copies of the will, fees and timescales.
Probate Timeline UK: How Long Does Each Stage Take?How long probate takes in England and Wales in 2026, stage-by-stage timeline from death registration to final distribution, current HMCTS processing times. · 8 min read
Protective Property Trusts UK: Care Fees and Your HomeHow a protective property trust works in a will, its limits around care home fees and deliberate deprivation under the Care Act 2014, and the IHT position. · 8 min read
Reading of the Will UK: The Myth and the RealityThere is no formal will-reading ceremony in English law. Here is what actually happens and what beneficiaries are entitled to know.
Rectification of a Will UK: Fixing Drafting MistakesA court can rectify a will under section 20 of the Administration of Justice Act 1982 if it fails to carry out the testator's intentions due to a clerical.
Republication of a Will UK: How Codicils Refresh WillsRepublication of a will by codicil re-dates the will to the codicil's execution date. What this changes, when it helps, and the traps for beneficiaries. · 8 min read
Rule in Howe v Earl of Dartmouth UKThe rule in Howe v Earl of Dartmouth (1802) requires trustees of a residuary estate to convert wasting assets and apportion income between beneficiaries. · 8 min read
The Rule in Strong v Bird UKHow appointing a donee as executor can perfect an incomplete lifetime gift, the four requirements, the Re Gonin limits, and estate planning implications.
Satisfaction and Performance UK WillsSatisfaction and performance are equitable doctrines that affect how will gifts interact with lifetime dealings in England and Wales. Full legal guide. · 7 min read
Saunders v Vautier UK: Ending a Trust EarlyThe rule in Saunders v Vautier lets adult beneficiaries of full capacity end a trust early: the conditions, the consequences and when trustees can push back. · 8 min read
Stamp Duty Inherited Property UK: SDLTInheriting property in England does not usually trigger Stamp Duty Land Tax, but there are exceptions. How SDLT and the surcharge affect inherited homes.
Statutory Legacy on Intestacy UK 2024When someone dies without a will in England and Wales, the surviving spouse receives a statutory legacy of £322,000. How the rest of the estate is divided.
Survivorship and Deeds UK: How Joint Property PassesWhat a survivorship deed, or notice of severance, does: how to sever a joint tenancy, register the change at Land Registry, and use it for IHT planning. · 7 min read
Joint Tenancy and Right of Survivorship UKJoint tenancy means property passes automatically to the surviving owner, outside your will. How survivorship works and how to sever it if you need to.
Time Limits for Inheritance Claims UKInheritance claims in England and Wales are subject to strict time limits. The Inheritance Act 1975 gives claimants 6 months from the grant of probate. · 9 min read
Tracing Trust Assets UK: Recovering Misapplied FundsWhen a trustee misapplies trust assets, beneficiaries can trace them into the hands of third parties; how equitable tracing works, with Re Hallett's Estate. · 9 min read
Transfer of Equity and Inheritance Tax UKAdding or removing someone from your property title can trigger inheritance tax, CGT and stamp duty. Learn the reservation of benefit trap and safer options.
Trust and Estate Tax Return UKWhen executors and trustees must file an SA900 in England and Wales, how to register with HMRC, income and CGT rules, filing deadlines and the penalties. · 9 min read
Trust Beneficiary Rights UK: What Beneficiaries Can Demand From TrusteesWhat beneficiaries of a UK trust can demand from trustees: information, accounts, proper administration, and disclosure under Schmidt v Rosewood Trust Ltd.
Trust Corporations UK: Professional Trustees ExplainedA trust corporation can act as sole executor or sole trustee without a second trustee, satisfying the two-trustee rule under the Law of Property Act 1925. · 8 min read
Trust for a Disabled Person UKA disabled person's trust under section 89 IHTA 1984 gives favourable inheritance tax, income tax and CGT treatment; who qualifies as disabled and how it works.
Trusts of Land on Death UK: TOLATA BasicsWhen co-owned property is held as tenants in common and one owner dies, the surviving co-owner and the deceased's estate may have conflicting interests. · 9 min read
Trustee Act 2000 Investment Powers UKThe Trustee Act 2000 gives trustees a general power of investment like an absolute owner. The standard investment criteria, review duty and advice rules. · 9 min read
Trustee Delegation UK: What Trustees Can Hand OverWhat trustees can delegate to agents under the Trustee Act 2000 Part IV and the Trustee Delegation Act 1999, the delegable functions and the strict limits. · 8 min read
Inheritance and Bankruptcy UK: What Creditors Can TakeIf a will beneficiary is bankrupt, their inheritance can be claimed by the trustee in bankruptcy. How to protect a gift and the role of a protective trust.
Removing a Trustee Through the Court UK: The ProcessWhen a trustee can be removed by court order in England and Wales: the s.41 power, the court's inherent jurisdiction, and the evidence you need to succeed. · 8 min read
Trustee Duties and Powers UK: The Complete RundownTrustees in England and Wales must comply with the Trustee Act 2000. Learn about the duty of care, investment duties, power to delegate, duty to account.
Variation of Trusts Act 1958 UKThe Variation of Trusts Act 1958 allows the court to approve variations to trust terms on behalf of minors, unborn beneficiaries, and those lacking capacity. · 9 min read
Vesting of an Estate UK: When Assets Legally TransferUnder section 1 of the Administration of Estates Act 1925, all real and personal property of the deceased vests in the executor at the moment of death. · 8 min read
Void vs Voidable Wills UK: The Crucial DifferenceA void will is a nullity from the outset; a voidable will stands until a court sets it aside. Why the difference matters when you challenge a will; the grounds. · 8 min read
Vulnerable Beneficiary Trust UKA vulnerable beneficiary trust (also called a vulnerable person's trust or disabled person's trust) can protect an inheritance for someone with mental illness. · 9 min read
What Happens to Shares When Someone Dies UK | GuideDealing with shares in a UK estate: the quarter-up valuation rule, transfer versus transmission, ISA wrappers, probate and the inheritance tax reliefs. · 8 min read
What Makes a Will Invalid UK: 7 Common MistakesLearn every ground that can make a will invalid in England and Wales, from failed execution under the Wills Act 1837 to lack of capacity, undue influence. · 8 min read
Will Dispute Costs UK: What a Challenge Really CostsContesting a will or defending contested probate can cost tens of thousands of pounds. Who pays, how fees work, and how to keep a dispute out of court.
Where to Store a Will UK: Solicitor OptionsThe safest places to store a will: solicitor storage, the National Will Register, and how executors find a stored will after a death in England and Wales. · 6 min read
Will Trust and Divorce UKDoes divorce affect a trust set up in your will? Learn how section 18A applies, what happens to a life interest for a former spouse and the steps to take next. · 8 min read
Will Trusts for Minor Children UK: Protecting Inheritances for Under-18sAssets left to children under 18 are automatically held on trust. Here is how will trusts for minors work in England and Wales.
Writing a Will as a UK Expat: Assets in Two CountriesUK expatriates face complex will issues: domicile of origin and choice, foreign property, forced heirship rules, and whether a UK will is valid abroad.

Self-help information only. Articles on this blog are for general informational purposes and do not constitute legal advice. WillSafe UK is not a firm of solicitors. For complex estates, blended families, business assets or foreign property, please speak to a qualified solicitor.