Joint and several liability of executors A testator may appoint a sole executor or alternatively two or more executors to act jointly. Probate will not be granted to more than four executors in respect of the same part of the deceased’s estate . As the question states, the authority of co-executors is joint and several,...

Question : Does an Executor appointed under the last Will of a deceased person have a right to see a previously revoked Will stored by a law firm? Answer : once probate is granted the Will is a public document (except in very limited circumstances). When probate is granted, any person can then apply to...

This Q&A assumes that the trust in question is not a trust registered in the European Economic Area (EEA). Broadly, the non-UK trusts which are required to register under the Trust Registration Service (TRS) are: •non-UK express trusts with a UK tax liability •non-UK express trusts which acquire UK land, or •non-UK express trusts which...

This article will explore what happens to a freehold property when it is co-owned and one of the owners passes away. We are often asked what can be done in this situation, especially during the estate administration and probate application. For the purposes of this article, we assume that the title to the freehold is...

Do I have to sell my home to pay for care? Your ability to pay for care will be worked out through a means test. Your home will not be included if you receive care and support at home or if you go into a care home on a short-term or temporary basis. If you move into...

If the donor under an Enduring Power of Attorney (EPA) loses mental capacity, the EPA is not automatically revoked, as would be the case for an ordinary power of attorney. However, the attorney under an EPA is under a duty to register the EPA when the onset of mental incapacity begins. Once the application for...

The personal representatives (PRs) of an estate would be personally liable, up to the value of the estate, for liabilities incurred by the deceased person. Such liabilities would include contingent liabilities for which no claim has yet been made. The PRs may be able to protect themselves by publishing a notice which complies with section 27 of...

A Will is confidential, and during the testator’s lifetime, no disclosure can be made by a solicitor except to someone authorised by the testator, or where the testator has lost capacity, by the Court of Protection or someone with the relevant authority on the testator’s behalf. In this case, it seems like there may be...

For this Q&A, we have assumed that: the child of the deceased is not a minor a grant of letters of administration has been made to the siblings It is assumed that the deceased died without a Will, in which case, a grant of letters of administration will need to be applied for. The Q&A...

This iconic cottage was the fictional home of the brilliant and successful vascular surgeon Doc Martin for over 10 years! Port Isaac will forever be known around the world for this long running and much loved ITV series.We are extremely grateful to have helped out on the purchase of this marvellous and historic property and...