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Archive for the: Private Client category

Local Solicitor Defends Lasting Powers of Attorney

Posted by on August 23rd 2017 in Kitsons News, Press Releases, Private Client

Partner and Head of Private Client, Lynn Smith from Kitsons Solicitors in Torquay has defended lasting powers of attorney (LPA) after Denzil Lush, the former Senior Judge of the Court of Protection, warned they may leave elderly people open to abuse.

An LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia.

In the foreword to a new book on the subject, Mr Lush raised concerns about the...

Daughter Wins Inheritance Dispute

Posted by on August 7th 2017 in Contentious Probate, Private Client

Nahajec v Fowle: A Successful Claim under the Inheritance (Provision for Family and Dependants) Act 1975 

The recent County Court decision of Nahajec v Fowle has seen an estranged daughter awarded £30,000 under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) after successfully claiming her father’s Will did not make reasonable provision for her.

The facts were as follows:

  • The Claimant was one of three children of the deceased. One sibling had already settled an earlier claim for a sum of £22,000.

  • The Claimant and the deceased had limited contact over the years, though...

The Law of Wills is Outdated and in Need of an Overhaul

Posted by on July 20th 2017 in Private Client

The Law of Wills is Outdated and in Need of an Overhaul

The Law Commission have recommended an overhaul in the legal system of Wills, stating that the current system is outdated and out of step with the modern world. The independent body are currently consulting on proposals to soften the strict formality rules, introduce a new mental capacity test, lower the age for testators from 18 to 16 and introduce electronic Wills.

Formality rules

It is estimated that 40% of adults are dying each year without a Will; the Law Commission has suggested that the current law may be putting people off making a Will they therefore want to make the process...

Update - Increase in Probate Fees Scrapped

Posted by on May 17th 2017 in Blog Posts, Private Client

Update - Increase in Probate Fees Scrapped

We recently produced a note on the increase of probate fees which were due to come into force from as early as May 2017.  The new provisions were intended to replace the current flat fee system of either £155 for an application made by a solicitor or £215 for an application made by an individual regardless of the value of the estate, with a system of bands starting from £50,000, relating to the size of the estate, which would have seen fees payable on estates rise between 40% to a staggering 9,202%.

However, in light of the general election being trigged...

President of the Solicitors for the Elderly Praises Kitsons Solicitors

Posted by on April 25th 2017 in Press Releases, Private Client

Lynn Smith a Partner and head of department at local law firm Kitsons Solicitors and Marjorie Creek a Private Client Solicitor in their Plympton branch, both full accredited members of Solicitors for the Elderly, have been singled out for praise by Anne Edis, President of the Solicitors for the Elderly.

The SFE is an independent, national organisation of over 1,500 solicitors, barristers and chartered legal executives, committed to providing the highest quality of legal advice for older and vulnerable people, their families and carers. It has campaigned hard, alongside other organisations, to have the draft Non-Contentious Probate...

The New Probate Fees

Posted by on April 13th 2017 in Blog Posts, Private Client

Probate fees are payable by executors when they apply for a Grant of Probate which is a formal document required in order to administer a deceased person’s estate. Currently a flat fee is payable of either £155 for an application made by a solicitor or £215 for an application made by an individual regardless of the value of the estate. Probate fees are separate to inheritance tax and are payable on an application irrespective of whether inheritance tax is due. 

New provisions intended to be introduced from May will replace these flat fees with a system...

New Tax & Corporate Partners for Devon Law Firm

Posted by on March 31st 2017 in Corporate, Kitsons News, Press Releases, Private Client

New Tax & Corporate Partners for Devon Law Firm

Devon law firm Kitsons announces two new partner promotions in its Tax Planning and Corporate teams.

With effect from 1st April 2017 Jonathan Dickson and Corri Pedrick, both solicitors in the firm’s Torquay office, will be promoted to Partners.

Corri Pedrick is a solicitor within the firm’s Corporate Department. She has particular interest in commercial drafting and is particularly skilled at assessing risk within commercial agreements. The firm’s Corporate Department’s work is well recognised in both Chambers UK and The Legal 500.

Jonathan Dickson is dual qualified as a Private Client Solicitor and taxation technician. He has particular expertise in tax...

Top Award for Kitsons Solicitors Supporting Elderly Clients

Posted by on March 21st 2017 in Press Releases, Private Client

Private client Solicitor Marjorie Creek, who works at local law firm Kitsons Solicitors in their Plympton office, has been recognised with a prestigious elderly care qualification.

After passing the ‘Older Client Care in Practice’ award, Marjorie undertook further study and passed the ‘Older Client Law in Practice’ award to become a fully accredited member of Solicitors for the Elderly (SFE) and will join Kitsons Partner, Lynn Smith who acquired the SFE award several years ago.

 

Marjorie is also a registered nurse, so has extensive experience of caring for and working with vulnerable people of...

Kitsons Now Members of The National Mental Capacity Forum (NMCF)

Posted by on January 12th 2017 in Blog Posts, Private Client

Kitsons Now Members of The National Mental Capacity Forum (NMCF)

Marjorie Creek, a Solicitor in our Private Client Department, has been accepted as an associate member of The National Mental Capacity Forum (NMCF), which is a joint new Ministry of Justice and Department of Health initiative.

The Mental Capacity Act (MCA) was introduced in 2005 to help give power to people with impaired capacity, to make as many decisions as possible and to make certain, that if others make decisions on their behalf, that they do so, in their best interests.

However, it has since become clear that stakeholders from health and social care, together with those from other...

Local law firm Kitsons raise over £3,000 for local charity Age UK Exeter

Posted by on August 15th 2016 in Blog Posts, Private Client

Local law firm Kitsons raise over £3,000 for local charity Age UK Exeter

From time to time, local law firms will run a Wills for Charity scheme. This is where the solicitor does not charge for their time to write a simple Will. Instead of charging, the solicitor encourages the client to make a donation to Charity, in this case Age UK Exeter.

Kitsons Partner, Charlie Siegle, waived Will writing fees for 25 clients in April, instead encouraging clients to make a donation to Age UK Exeter.

Charity Director Martyn Rogers said "We are so grateful to Charlie and the team at the Exeter office. The money raised will make a huge difference and every...

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