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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Woman Gets Rightful Share Of Her Mother’s Estate – Curry Popeck Soicitors

There are a number of grounds in which a Will can be contested, such as when it is suspected that the Will has been forged. If it can be proved in court that a Will in its entirety has been forged, this will result in it being declared invalid, state Curry Popeck Solicitors.

In this case, Valerie Watts, died in a hospice in 2011, aged 71. She was survived by her two adopted non-sibling adult children, Christine Watts and Gary Watts.

Valerie had made a Will in 1999 dividing her entire estate equally between her adopted children.  Gary subsequently claimed Valerie signed a Will dated 12 January 2011 written out by hand by Valerie’s sister, using a shop-bought will form. The Will, which left everything to Gary and disinherited Christine, appeared to have been signed by his mother, as well as her sister and hospital nurse, Jackie Brown, as witnesses.

Gary claimed that he was far closer to his mother and Christine was not.  He would visit her every day in hospital but Christine, who lived some distance away, rarely did.

Angered by this, Christine challenged the 2011 Will and made a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act).

Christine obtained expert evidence in relation to Valerie’s signature.  The evidence of the witnesses in this scenario was crucial and Nurse Brown’s statement proved to be a major deciding factor in this case.

At trial, Gary admitted misleading Nurse Brown regarding the document she was witnessing.  Also, Nurse Brown said that she did not see Valerie sign the paper, but did see Gary sign it.

The judge said, “I accept the evidence of Nurse Brown that she did not see Valerie sign the paper and that she did see Mr Watts sign it.” He further said, “I find that Gary signed it, not Valerie, and he simulated his mother’s signature on it.”

After carefully considering all the factors, the judge found in favour of Christine and determined Gary had forged Valerie’s signature, thus pronouncing in favour of Valerie Watts’s 1999 will, which split her estate equally between her adopted children.

The daughter received £100,000 share of the estate after a judge ruled her brother faked their mother’s signature on the paperwork as she lay dying from cancer on a hospital ward.

Will forgery cases rely greatly on the testimony of handwriting experts who help find discrepancies between the signature on the Will and the actual signature of the deceased, advise the solicitors at Curry Popeck. Also, showing that the Will contradicts wishes expressed by the deceased can also be usefulevidence in such cases.

An unfortunate aspect ofWill forgery cases is that the fraudsters may still receive a share of the estate if they are related to the deceased.

If you have any questions regarding the issues raised in the article, or want expert legal advice from Curry Popeck law firm’s experienced solicitors like Lionel Curry, visit Curry Popeck at- http://www.currypopeck.com/

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Dad Allowed Contact With His Child With The Help Of The Right Legal Support – Curry Popeck Soicitors

In almost every court case where the court is required to make a decision about a child, it is the welfare of the child that the court must consider as the most important factor in reaching the right decision, state CurryPopeck Solicitors. So, when a court has to decide which parent a child should spend time with (access or contact) or with whom a child should live (custody or residence), the court will make those decisions by considering the welfare of the child.

When parents decide to divorce, it can sometimes be difficult for them to reach an amicable agreement about childcare. It’s an emotionally draining experience that can have a great impact on the immediate and wider family, including grandparents.

As experienced family solicitors, CurryPopeck understand the trauma of being denied child contact, as shown in the following recent case of a father being denied access to his son:

Shortly after the son was born, the parents decided to divorce. Prior to the divorce their relationship was difficult and characterised by addiction. But the birth of the son proved to be a turning point, with both mother and father separately seeking help for their problems and the father successfully quitting heroin addiction.

By the time their child reached the age of two, the father had been totally free from heroin addiction for two years. He sought regular contact with his son, but the mother made it difficult for him and as such, she would only allow contact if she was present and not for more than an hour at a time.

The boy’s mother repeatedly assured the solicitors that she would move forward if the evidence of the father being free from addiction was provided. However, later the negotiations broke down and court proceedings followed.

Over time, it was successfully proved by the solicitors that the father’s family was able to supervise contact, that the father had overcome his heroin addiction and that his life was on the right track.

As a result, the father’s contact with his son moved to a more conventional arrangement that included overnight stays and unsupervised visits, and the mother was given the reassurance she needed that her son was safe.

If you have questions regarding any of the issues raised in the article, or you’re separating and can’t reach an agreement on residence or child contact issues, contact Curry Popeck family law solicitors by visiting their website – http://www.currypopeck.com/

Curry Popeck is a highly reputable firm of solicitors that provides the best advice and assistance for all matters pertaining to family law and many other aspects of law.

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Immigrant father gets the custody of child in child custody appeal

“In every Court case where the Court makes a decision about a child’s custody, it is the child’s welfare that the Court places first”, confirm Curry Popeck Solicitors.

This was highlighted recently in the case of a Nigerian illegal immigrant, who fought a legal battle for the custody of his 15 month old daughter and won his appeal.

The man initially arrived in the UK a few years a goon a six months tourist visa. He had no job, was a drug addict and had periodically been homeless at the time of the appeal hearing.

When the girl was just one month old, she had been placed into temporary foster care because of her father’s seeming inability to care for her and her mother’s mental health issues and inappropriate lifestyle. During the court case it was concluded that it would not be in the child’s best interests to be flown to Nigeria to be cared for by her father’s relatives. The father indicated that he would like to care for the girl child himself, but the judge suggested that the man might use his daughter as a legitimate means of remaining in the UK. It was therefore decided by the court to place the girl for adoption.

The girl’s mother did not appeal this decision, but the child’s father did and he went to the court of Appeal, where the judge questioned whether the previous judge had sufficient evidence on which the initial decision was based, indicating the need for further investigation for the purpose of clarity.

During the court proceedings the judge was informed that the child’s father had experienced a change in his situation and started working, after being given discretionary leave. It was on this basis that the judge found the appeal in the father’s favour.

The Court considers several factors when determining custody, however, if a person is homeless, jobless and struggles with addiction it is unlikely that the Court would grant him or her custody of any children. If the parent does not seek substance abuse counseling or make arrangements to improve their situation, the chances of custody of the child being taken out of their hands are very high. But, in this case, the man tried to improve his situation and started working too, which had a positive impact on the Court’s decision to grant custody.

If you are involved in a child custody case, or any case involving family law, then contact Curry Popeck, a full-service law firm comprised of experienced solicitors like Lionel Curry.

Please contact CurryPopeck if you would like advice about Corporate Law, Family Law, Employment Law, Dispute Resolution, Property Law and Sports and Entertainment Law. A free initial consultation is available to all potential new clients. To find out more, visit- http://www.currypopeck.com/

Choosing The Right Executor Is Very Important – Curry Popeck Solicitors

“Choosing the right executor is one of the most important decisions you make”, state Curry Popeck Solicitors. An executor is the person responsible for administering your estate and carrying out your final wishes. Other duties of an executor include filing court papers to start the probate process, taking an inventory of everything in the estate, using your estate’s funds to pay bills, including taxes, funeral costs, etc, handling details like terminating credit cards, and notifying banks and government agencies about the death, distributing assets to the beneficiaries named in the will and other responsibilities, pertaining to the estate. While choosing the right executor can remove some of the burden from your family when you die, choosing the wrong one can create considerable problems, as are cent case showed.

A woman had appointed two executors to administer her estate; one of the executors was her son, the other one was a professional. The relationship between the two was poor and the professional accused the son of neglecting his mother and began making demands of the son to explain withdrawals from the woman’s building society account prior to her death.

He even proceeded to carry out an investigation against the son and even informed the police, but after investigation, no grounds were found on which any action could be taken. The professional did not stop there; he then raised bills on the estate for this work and invited the son to take a lesser share of the estate.

Needless to say, this resulted in an argument that ended up in court, when the son refused to countenance the charges.

The High Court had to consider whether the bills were fair and came to the conclusion that they were excessive and the investigation work was not warranted at all as the beneficiaries under the will had not requested an investigation to be carried out. Besides, the Court considered that doing so was not part of the co-executor’s duties.

The professional was faced with a considerable legal costs order and was also removed from his position as co-executor.

Finding the right executor is very important as it helps ensure the prompt, accurate distribution of your assets, while minimizing family friction. Always choose someone who is honest, well-organized, dependable, good with paperwork and vigilant about meeting deadlines, suggest Curry Popeck.

For most people, the obvious choice is a family member, especially a spouse or child, however, if an obvious family member is not available, you may want to ask a trusted friend, but always try to choose someone in good health who will hopefully be around after you’re gone.

Also, if the person you choose needs help settling your estate, they can always call on an expert like Lionel Curry, who will guide them through the process and help them make the right decisions.

The experts at CurryPopeck have a vast amount of experience of dealing with all issues relating to Wills, Probate and Estate Administration matters, thereby helping to protect your interests and give you peace of mind.

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When Can Someone With Power Of Attorney Be Compensated – Curry Popeck Solicitors

People commonly appoint a family member as their attorney to manage their affairs, if they are not capable of doing so. A power of attorney is prepared that governs what an attorney is allowed to do and whether they are allowed to charge for their services. According to CurryPopeck Solicitors, unless the power of attorney documents say that the attorney is not allowed to receive compensation, they can pay themselves. But, the amount has to be reasonable.

Recently, the court had to deal with one such a case, where a couple, who developed Alzheimer’s disease, had appointed their three children as their attorneys under an enduring power of attorney (EPA). They then revoked the power of attorney with regard to one of their daughters, who had health issues.

A monthly allowance of £150 was paid to each of the three children from their parents’ income of about £29,000 a year. The sums were claimed on account of covering travel expenses so that the children could all visit their parents. In addition, transfers in the sum of £6,000 per year were made into a deposit account in each of the attorneys’ names, as a reserve for care fees.

Following a family dispute, the Office of the Public Guardian was informed that the attorneys were exploiting the situation to try to enrich themselves and an investigation ensued. The father has since died.

The investigation led to a court hearing in which the judge ruled that:

(a) The services provided by the attorneys were reasonably required to meet the parents’ care needs.

(b) The investigation found the payment to be affordable and sustainable;

(c) The payments charged were very less compared to the commercial cost of providing those services; and

(d) Since, no provision was made by the donors in their EPAs regarding the remuneration of attorneys and rewarding them for providing care support services, those payments struck a reasonable balance between ensuring that the attorneys were not financially disadvantaged by acting as their parents’ attorneys and that they were not actually making a profit from their position.

Curry Popeck summarized by saying that an attorney is entitled to compensation, subject to the terms of the Power of Attorney. But, an attorney who charges for his services is held to a higher standard of care than an attorney acting without compensation. While, an unpaid attorney is required to “exercise the degree of care, diligence and skill that a person of ordinary prudence would exercise in the conduct of his or her own affairs” the paid attorney is required to “exercise the degree of care, diligence and skill that a person in the business of managing the property of others is required to exercise.”

If you have any questions or concerns regarding the issues raised in this post, or wish to contact Curry Popeck Solicitors please visit- http://www.currypopeck.com/.

Curry Popeck solicitors specialize in Corporate Law, Family Law, Employment Law, Dispute Resolution, Property Law and Sports and Entertainment Law. Their team of highly experienced solicitors, led by Philip Popeck and Lionel Curry provides tailored solutions on all the above legal issues and will be very happy to help.

Dispute Resolution- Read Your Contracts Carefully! – Curry Popeck Solicitors

The English courts are bustling with foreign litigants! There are many who want to have their cases heard in the English courts because English law is very well developed and most of the time the courts are able to achieve a high degree of fairness in their rulings.

However, before you head off to the English courts to have your case heard, it is important to read the contract carefully. According to Curry Popeck Solicitors, sometimes, the contracts mention the country where disputes can be resolved and that is an important deciding factor. This will become clear from this case involving a claim for financial losses.

An investor had launched proceedings against a Monaco based bank. She claimed to have suffered huge financial losses because of the bank placing unauthorized foreign currency. Her contract with the bank included a clause which stated that the cases will be heard in Monegasque courts in the case of any disputes arising.

The investor also launched proceedings against two English companies that were part of the same group as the bank. The investor’s lawyers submitted that, the cases should be heard in English courts only because if the case were heard in Monaco, there would be a danger of inconsistent judgments.

After carefully going through the contract documents and examining the facts, the judge found that it was clearly appropriate that her case should be heard in Monaco. She had accepted that clause when she signed the contract with the bank and her desire to have her case heard by an English judge could be given little weight. The Court of Appeal thus dismissed her appeal. In so doing, the judge had not just considered her contract with the bank, but other factors were taken into consideration too.

When entering into a contract, it is important to confirm what has been agreed to, because in the case of any dispute arising, the clauses included in the contract are always considered, so be sure to go through the contract carefully before signing it, even better have it checked by a legal expert who will understand it better.

One might prefer to have English law apply should a dispute arise. If this is not possible, it is doubly important to take specialist advice, as the law can vary a great deal, even within the European Union, suggest CurryPopeck.

Please contact CurryPopeck Solicitors if you would like more information about the issues raised in this article. Curry Popeck Solicitors specialize in Corporate Law, Family Law, Employment Law, Dispute Resolution, Property Law and Sports and Entertainment Law. Their team of highly experienced solicitors, led by Philip Popeck and Lionel Curry provides tailored solutions on all the above legal issues and will be very happy to help.

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Court May Revoke Lasting Powers Of Attorney If The Interests Of A Vulnerable Person Are Not Protected

Lasting Powers of Attorney (LPA) were created by the Mental Capacity Act 2005.  They came into effect in 2007 and replaced Enduring Powers of Attorney in a bid to safeguard the interests of potentially vulnerable persons should they be unable to look after their affairs themselves.While LPA’s are designed to protect the interests of vulnerable people, it may be revoked if it is not effective in protecting the interests of a vulnerable person, stateCurry Popeck Solicitors.

A vast majority of LPAs are effective in safeguarding the interests of vulnerable people, but occasionally things can go wrong and the person appointed as attorney may try to gain some personal advantage. On those rare occasions, the court may step in and revoke the LPA to safeguard the interest of the vulnerable person, as happened in this case involving a mother and her son.

In 2012, due to her ailing health, a mother appointed her son and daughter as her attorneys on a joint basis relating to all her financial matters. Unfortunately, the siblings did not get along, which led to ineffective management of the donor’s affairs.In 2014, concerns were raised with the Public Guardian about the way the attorneys were using their mother’s money and property. They made excessive gifts to themselves from their mother’s funds and refused to pay the mother’s nursing home fees, claiming that she had wrongfully been denied NHS Continuing Healthcare.

The mother was also not provided with an adequate allowance, which showed that they could not be trusted for the purposes for which the LPA was intended.

The Public Guardian, therefore, applied for an order to revoke the LPA, which the court duly agreed to and a panel deputy was invited to apply to act as a Deputy.

According to Lionel Curry, arguments between family members do happen butnot normally to such an extent for an LPA to be revoked by the Court. In this particular case, the questionable behaviour of the appointed attorneys and their inefficiency in guarding the interests of their mother led to the order to revoke the LPA.

A LPA is a way of authorising someone to make decisions on your behalf, therefore, if you too are planning to make an LPA, it is important to consider your relationship with your attorneys and if they will understand and carry out your wishes. Your LPA should include instructions on how to manage your assets or welfare in particular circumstances. Such considerations will help protect your interests and your property from any misuse.

Please contact CurryPopeck if you would like more information about the issues raised in this article or any aspect of Lasting Powers of Attorney and the Court of Protection. They will provide the best legal advice to protect your rights and property.

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New planning measures announced allowing conversion of underused office buildings into new homes.

In a bid to simplify the planning system, drive growth and tackle the country’s acute shortage of housing, Housing and Planning Minister Brandon Lewis announced new planning measures on 13 October 2015. Redundant offices have a huge potential to provide much needed new housing and this move is certainly going to bring smiles to the faces of many first time home buyers, stated Curry Popeck Solicitors.

First introduced in 2013, temporary permitted development rights make it possible to convert offices into homes without having to apply for planning permission. It led to 4,000 conversions being given the go-ahead between April 2014 and June 2015.

The rights were due to expire on 30 May 2016, and would have led to bureaucracy hurdles that would have hampered the conversion of underused office buildings, thus disheartening many first time home owners. But, ending the uncertainty for the developers and first time owners, Housing and Planning Minister, Brandon Lewis, announced that they are to be made permanent.

Mr Lewis said: “These measures will mean we can tap into the potential of underused buildings to offer new homes for first-time buyers and families long into the future, breathing new life into neighbourhoods and at the same time protecting our precious green belt.”

To further support the new planning measures and make way for new homes, developers will be allowed to demolish offices and convert light industrial buildings and launderettes into homes. Converting commercial buildings into residential developments can be an attractive prospect, but there are a few things to consider, mentioned Curry Popeck. The rights to demolish redundant office buildings and build new residential buildings will be subject to limitations and prior approval by the local planning authority.Those with prior approval or who secure permission will have three years to complete the change of use.

The new move by the government, which has been welcomed by many first time home owners, has faced criticism though from big commercial landlords, who say that converting office buildings into residential spaces would hamper economic growth and employment opportunities. They further opposed the move by saying that while they understand that lack of housing is a big problem, commercial crises is a problem that needs to be addressed too.

While the changes to the rules encouraging office-to-residential conversions are temporary and are facing some opposition as well from the commercial landlords, the government is expected to make them permanent and drop many of the exemptions.

Please contact CurryPopeck Solicitors if you would like more information on the issues raised in this article or any aspect of planning and development. Curry Popeck, solicitors and mediators, can provide you with expert legal advice on all aspects of Property Law, Corporate Law, Employment Law, Family Law, Dispute Resolution, Sports and Entertainment Law.Curry Popeck provides the best tailored legal advice together with outstanding value for money. Contact them today, if you need expert legal advice or representation. Visit- http://www.currypopeck.com/