How To Avoid Will Disputes In ‘Silver Divorce’ Cases?

‘Silver Divorces’, or divorces between those over 65 have become quite common in the past few years, advise Curry Popeck, solicitors in Harrow, Middlesex. With an increasing number of people opting to divorce later in life, there’s a growing trend for will disputes to arise within the families, with inheritance disputes mainly occurring between children and partners from first and second marriages.

According to Curry Popeck, solicitors in Harrow, ‘Silver Divorces’ often lead to family disputes because of outdated Wills. In the absence of a Will, rules of intestacy apply which states that the widow or the widower receives the first £250,000 of the value of an estate.

The disputes largely arise from the children who had expected to inherit the parental property but are then left disappointed.

Before their divorce, the couples usually assume that they will leave everything they have to their children, but when they remarry after their divorce and fail to update their will, disputes arise between their new family and the children from the previous marriage

“Disputes of this kind can be avoided by having someone ensure that the Will is up-to-date and the interests of all the possible beneficiaries are taken care of”, state Curry Popeck, Harrow solicitors.

Apart from that, it is important to seek early advice on how to avoid contested court proceedings. Such situations can be stressful to deal with, where people who had carefully planned for life after retirement are faced with a situation like this. It is therefore important to carefully understand the factors that will influence the division of available assets.

The understanding of the issues and having a specialist by your side, who has a good understanding of such cases, will permit the divorcing couples to reach an agreement and avoid the possible risks and costs of contested court proceedings.

The division of assets may be complicated by tax issues and many other factors, so advice from an expert who has good experience of dealing with such issues is very important.

In the absence of expert guidance and lack of understanding of such issues, negotiations break down and an opportunity to reach an amicable agreement may be lost and the parties can be forced to turn to the court.

If you are faced with a similar situation, you should contact Curry Popeck’s experienced solicitors who will advise on the form of the Will, appointment of executors/guardians and also on how assets could be distributed. They will also help you structure the Will in the correct way in order to avoid future disputes. Even if your circumstances have changed and your Will is no longer applicable then they will help you amend it to help you avoid contested court proceedings.

If you have any questions relating to the issues raised in this article, please contact Curry Popeck on 020 8907 2000 or visit:-

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When A Parent Chooses To Favour One Child Over Another In A Will

Whether you should leave an equal share to each child, is a question that parents face when drawing up a Will. There are many factors that parents may take into account when drawing up their Will and can favour one child over another. However, there is a danger to uneven distributions, beyond just hurt feelings.

Equal splits among siblings are still the norm in estate planning, state CurryPopeck, Solicitors. However, there are many parents writing Wills that favour some of their children more than others.

There are many factors parents may take into account when determining how to distribute their property. One child may be financially stronger, or may have three children of his own, while another may have just one child. A close, loving relationship with one child can also be the reason. It’s also not unusual to see imbalances when parents are planning to provide for a special-needs child.

Regardless of the reasons, unequal bequests can lead to discord in the family, say the experienced solicitors at Curry Popeck. The child receiving the lesser share may challenge the Will, alleging the parent’s diminished capacity to make that gift, or that the child with the greater share exerted undue influence.

When making your Will, one of the major goals for most of the parents is to keep the children out of court with each other. Even if there aren’t grounds for a legal challenge, unequal bequests may lead to family feuds. Therefore, such decisions should be handled with care and should only be made after consulting experienced solicitors.

According to Curry Popeck Solicitors, there are steps you can take to help protect your will from legal challenges, which includes being open about your inheritance plan when you are still alive. This will help the family members to truly understand your reason for doing so, thereby minimising the chances for discord and suspicions later.

If you find it difficult to have this conversation with your family members, you can write a letter or make a video elaborating on the reasons and thought process behind your plan. Apart from this, some other important measures include, drafting a Will. According to CurryPopeck Solicitors, if a person wants a say in how things are distributed after their death, they need to make a Will.

If you die without making a will, government intestacy laws apply, which generally specify equal division among biological and legally adopted children. The step children, even if you’ve been living with them for a very long time, do not get anything, if intestacy laws apply, so if you want your property to be distributed according to your wishes, you should consider drafting a will.

Talking to your children about which items they might want, also helps avoid future disagreements, suggest the law experts.

If you have any questions regarding the issues raised in the article or are looking for expert advice on matters related to Wills, Powers of Attorney, probate, tax planning, estate administration, matrimonial matters and other areas of law such as corporate law, dispute resolution and litigation, employment, enfranchisement and lease extensions, Sports & Entertainment, visit Curry Popeck Solicitors at-http://www.currypopeck.com/

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Can You Make Provisions For Your Pets In Your Will?

There are many people who consider their pets as family members, so they often wonder whether it’s possible to leave money or property to pets in a Will. According to Curry Popeck, Solicitors, gifts that you make in your Will must have an identifiable human beneficiary, so, therefore, you cannot directly leave money and property to your pets.

Instead you can leave money in trust, for the purpose of caring for your pets. You will need to appoint a person or persons to use the money however they see fit, to care for your pet according to your wishes.

To make your wishes clear, you can even leave a Letter of Wishes setting out how you’d like the money to be spent for your pet’s benefits and how you’d want your pet to be taken care of. However, the amount you leave needs to be ‘appropriate’ and according to your pet’s life expectancy and needs, state CurryPopeck Solicitors. If you do want to leave a large amount to your pet/s then it is advisable to put a clause in the Will stating where any left over money should go if the entire amount is not spent before your pet dies. Donating the leftover money to an animal charity would be a fitting tribute to your furry friend. Legally enforceable documents are the only way to try to ensure that your pet will be cared for according to your wishes. The case of Leona Helmsley’s pampered Maltese ‘Trouble’, who inherited $12million from the real estate billionaire is an interesting example:

Hotel heiress Leona Helmsley, who died in 2007, cut her two grandchildren out of her will and evicted her son’s widow after his death, making her Maltese her biggest heir, leaving a $12 million trust fund for the pooch. However, a judge later determined the inheritance excessive and knocked the pup’s inheritance down to $2 million.

Trouble took the money and retired, flying by private jet to the Helmsley Sandcastle hotel in Sarasota, Florida after Helmsley’s death and was cared for by Carl Lekic, the hotel’s General Manager. He cared for the dog and spent hundreds of thousands on her care annually, including $1,200 on food, $8,000 on grooming and $100,000 for full-time security. Security was necessary as Trouble became the target of great vitriol, receiving 20 to 30 death and kidnapping threats.

According to the law experts at Curry Popeck, a pet trust is still uncommon, but it does make sure that your pets live a good life even after you are gone. A trust gives this assurance by having different people in charge of overseeing different aspects of the pet’s care.

If you too are a pet parent and are concerned about what would happen to them after your death, the expert solicitors at Curry Popeck can provide you with some sound, practical advice so that you can rest assured about your pet’s future.

For more information visit Curry Popeck at- http://www.currypopeck.com/.Curry Popeck provides a broad range of services including wills, powers of attorney, probate, tax planning, estate administration and matrimonial matters as well as legal advice on various other areas of law.

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New Domestic Violence Law Offenders Could Be Punished With Up To Five Years In Jail

The new domestic violence law that could see perpetrators jailed for up to 5 years came into force in December 2015.  This law states, amongst other things, that partners who cause severe psychological harm through controlling behavior can be jailed for up to 5 years.

According to Curry Popeck, solicitors in Harrow, “Emotional abuse is not publicised as much as physical abuse, but it can be just as damaging to a person’s health and overall well-being. It limits victims’ basic human rights, such as their freedom of movement and independence and therefore, the new domestic law is a welcome move towards deterring such behaviours in relationships.”

The new legislation will enable the Crown Prosecution Service (CPS) to bring charges where there is evidence of repeated, psychological abuse within an intimate or family relationship.

According to the CPS, psychological abuse can include humiliation and intimidation, a pattern of threats, or stopping a partner from socialising, monitoring someone’s social media accounts, surveillance through apps or dictating what they wear.

Under Section 76 of the Serious Crime Act 2015, controlling or coercive behaviour is defined as causing someone to fear that violence will be used against them on or generating distress alarm that has a substantial effect on their usual day-to-day

Curry Popeck, London solicitors, say that due to the gaps in the earlier domestic violence law, perpetrators of domestic violence could psychologically abuse their victims without criminal consequences. This encouraged the perpetrators to continue their abusive behaviour and left victims without the sufficient criminal justice safeguards to protect them.

The new change in law will lead to agencies being able to intervene before it’s too late and possibly save lives too. However, it is vital that the new law is coupled with increased awareness among the public, and comprehensive professional training for all agencies that deal with domestic abuse. Apart from that it is also important for the frontline police officers to truly understand coercive control and the impact it has on victims.

The government should also ensure that the victims of abuse receive all the support they need, including legal aid.

Curry Popeck, Harrow solicitors , hail the new law as an important step forward in protecting victims of domestic abuse and helping them find a way out, but wider awareness across the public and the agencies dealing with victims would make an even bigger difference in tackling domestic abuse.

If you have any questions regarding the issues raised in this article, contact Curry Popeck Solicitors at-http://www.currypopeck.com/

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Curry Popeck, London solicitors, provide tailored solutions to all legal issues relating to corporate law, litigation and dispute resolution, employment law, family and property. From complex family law to commercial and residential property transactions for both private individuals and corporate entities, our team of experts have the expertise to achieve the desired results.

Can You Bring A Financial Settlement Claim Many Years After Separation?

After the long and wrenching process of divorce, the financial settlement stage often comes as a relief to divorcing couples. However, an important point to note here is that a former spouse is entitled to pursue their ex-husband or wife for support, even years after divorce if no financial order was made at the time, state Curry Popeck,’s Harrow solicitors .

Currently, divorcing couples can obtain a Decree Absolute without a financial order, so it is very important to record all the financial matters in a court order to prevent opportunistic claims later, suggest Curry Popeck solicitors in Harrow Middlesex. The case of Wyatt v Vinceis a case in point: In Wyatt v Vince, the court ruled that Kathleen Wyatt, ex-wife of energy supplier Ecotricity’s founder, Dale Vince, could proceed with a claim against her former husband 20 years after their divorce.

Ms Wyatt and her ex-husband, Mr. Vince, married in 1981, separated in 1984 and were divorced in 1992.After the divorce, Vince went on to found the renewable energy company Ecotricity and generated significant wealth.

Kathleen Wyatt, began a claim for a lump sum of £1.9m and legal costs, 18 years after the divorce, in 2011.However, Mr. Vince appealed against his ex-wife on the basis that she had lodged the claim too late.But five Supreme Court justices unanimously ruled Ms Wyatt’s case should go before the family court. The Supreme Court, however, did question the amount of financial relief sought by Ms Wyatt and suggested that a much more modest award would be appropriate for her.

They remarked that herclaim was “legally recognisable” and not an “abuse of process”, considering her ongoing care for the children of the marriage without any financial contribution from her former husband.

This is a striking ruling that highlights the fact there is no time limit for ex-spouses to apply to a court for a financial settlement following a divorce.

So, it is very important for the divorcing couples who want protection from such claims, to obtain a consent order from the court at the time of the divorce, in which they both agree that there will be no further financial claims.

According to Curry Popeck, solicitors in Harrow, even in amicable cases of divorce, it is very important to have a consent order drawn up, to prevent any future problems.

The high profile case of Wyatt and Vince has encouraged more divorcees to pursue claims after divorce. If you want to prevent any such problems or would like to contact Curry Popeck, solicitors, regarding your financial settlement then please visit their website- http://www.currypopeck.com/

Curry Popeck, Harrow solicitors, have more than 30 years’ experience of delivering clear legal and commercial advice to clients. From complex family law matters to corporate law, they can provide you with the best legal advice to help you in the most difficult of times.sidepic-about

Lonely Pensioner Leaves £500,000 Estate To His Builder Because Of His Act Of Kindness

A random act of kindness cannot just change someone else’s life, but your life too,state Curry Popeck,Harrow solicitors. This statement will become clearer from this unbelievable case involving a pensioner and a builder, who was left £500,000 in the pensioner’s will, after refusing to take payment from him for cleaning out his gutters.

Mr. Butcher, 75, a bachelor and a lonely pensioner from North London changed his will to disinherit his cousin and two family friends and left his entire estate, worth £500,000, to a kind builder who refused to take payment from the pensioner for cleaning out his gutters.

The previous beneficiaries of Mr. Butcher’s will claimed that Mr. Butcher was unaware of the contents of his will and did not approve. However, they failed to provide evidence in support of their claim, which led to the court upholding the will in favour of the builder, Mr. Sharp.

Mr. Butcher and Mr. Sharp met in 2009 and remained friends even after the gutter cleaning job was completed. Mr. Sharp would occasionally visit Mr. Butcher and would talk to him about sport and other shared interests. Mr. Butcher’s family however claimed that Mr. Butcher hated sport!

The Judge found Mr. Sharp to be a truthful and straightforward man and did not find any of the circumstances surrounding the signing of the will to be suspicious. The courts eventually sided with Mr. Sharp, as they considered the Will to be made of Mr. Butcher’s own volition and with full mental capacity.

According to the experienced solicitors at Curry Popeck,law firm in Harrow, “wills can be made leaving your entire assets to the person of your choice, however it is possible, following your demise, for a person to challenge your will. Wills can be challenged on many grounds, including lack of mental capacity when the will was made, and many others under the Inheritance (Provision for Family and Dependents) Act 1975.”

It is therefore very important to have your will made by a solicitor who is a will expertso they can advise you on the best ways to prepare this to prevent any challenge. The solicitor you choose may also be able to provide evidence, if necessary, to show that you did have full mental capacity at the time the will was being made, that you understood what you were doing and also that you were not being forced or coerced into making the will.

Your will is one of the most important documents you make as it decides what will happen to your hard earned money and assets after your death. So professional advice is essential and can make a significant difference to any provision made for those close to you.

Contact Curry Popeck, one of the leadingHarrow law firms. They can provide you with extensive knowledge and expertise across a wide range of areas pertaining to wills and lasting powers of attorney.

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The Importance Of Hiring A Solicitor To Prepare Your Will

When you decide to draw up your Will it is one of the biggest financial planning steps you will take. While making a Will is important, it is also very important to hire reputable solicitors, like Curry Popeck,Harrow Solicitors,who will ensure your Will has been properly written and is legally binding. Failure to do so can have the same effect as not having one at all. By not choosing an expertsolicitor to write your Will, you risk leaving your family with nothing. This was shown in a recent case where not choosing a reliable Will-writing solicitor resulted in the beneficiary losing a stake in her father’s property:

A person named Ebenezer Aregbesola decided to prepare his Will in 2007. Instead of going to a trusted solicitor, he contacted his bank, Barclays, who offered a £90 Will-writing service.

Ebenezer owned assets and properties both in London and overseas and wanted his daughter, TinuolaAregbesola, to receive his half share in the London property that he jointly owned with his wife.The Will was prepared by the bank, specifically mentioning the gift of his share of property to his daughter.

Ebenezer died in 2014, and his daughter thought that she would be inheritinga half share of his father’s London property.

At the time of writing the Will, Barclays did not investigate the mode of ownership of the property, which was owned as Joint Tenants. According to Curry Popeck Solicitors in Harrow, when a property is owned as Joint Tenants, upon the death of the first owner, the property will automatically pass into the sole name of the survivor, regardless of what is written in the deceased’s Will. The property must be owned as Tenants in Common in order for a share in a property to pass under the terms of a Will to someone other than the surviving owner.

As a result, the gift of the property in Ebenezer’s Will failed and the whole property passed into his wife’s sole name.

 

Ebenezer’s daughter sought compensation from Barclays. After an investigation, the Legal Ombudsman found in her favour and ordered Barclays to pay “a fair and reasonable settlement”.Barclays however, decided to ignore the Legal Ombudsman’s ruling and the matter is now set to be heard before the High Court.

There are many Will-writing services out there which will cost you less than using the services of a good solicitor. Although they may seem like the perfect middle ground between doing it yourself and paying a solicitor, it can be a risky and costly affair in the long-run.

Don’t let your loved ones end up in a difficult position; always choose trusted solicitors like Curry Popeck solicitors in Harrow,who can provide you with extensive knowledge and expertise across a wide range of areas involving Wills and Lasting Powers of Attorney.

If you want to discuss anything regarding the issues raised in this article or want to schedule an appointment, visit-http://www.currypopeck.com/home-slides-pic-1