Navigating the world of estate planning and Will drafting can be complex, especially if you’re not familiar with the terminology used. Aston Bond has created a Private Client Glossary to serve as a practical reference, providing clear and concise definitions of key terms.

Administrator – The person/people responsible for dealing with the administration of the estate when there is no Will. This is determined by the rules of intestacy.

Attorney – A person authorised to act on another person’s behalf.

Assets – Property, money, or other items that become part of a person’s estate after they die.

Beneficiary – Someone who receives property or other benefits from a deceased person or trust.

Codicil – A legal document that amends or adds to a Will without replacing it.

Contentious Estate – A legal dispute over the distribution of a deceased person’s assets or the validity of their Will.

Contingent Gift – (AKA Conditional Gift) Is a gift in a Will that only takes effect if a certain condition is met:

• The primary beneficiary / beneficiaries do not survive the testator.
• A specific event happens, such as the beneficiary reaching a certain age.
• The beneficiary takes a specific action, such as passing a driving test.

Court of Protection – A specialist court in the UK that makes decisions for people who lack the mental capacity to make them for themselves. The Court of Protection can:

• Make decisions about a person’s property and finances.
• Make decisions about a person’s health and welfare.
• Appoint a deputy to make decisions on behalf of the person.
• Make decisions around Lasting Power of Attorney.

Deceased – The person who has died.

Deed of Variation – A legal document that allows beneficiaries to change a Will or intestacy rules after someone passes away.

Deputy – Someone who is legally appointment to make decisions on behalf of another person who has lost the mental capacity to do so themselves.

Disclaimer – The refusal of a gift under a Will.

Discretionary Trust – A flexible trust where the beneficiaries and their entitlements to the trust fund are not fixed but are determined by the Trustees.

Donor – The person who creates an LPA.

Estate – All the money, property and assets owned by a person.

Executor – The person / people named in a Will who is responsible for dealing with the administration of the estate.

Excepted Estate – An estate where the Personal Representative, either an Executor or Administrator, handling the estate after someone’s death doesn’t need to file a full Inheritance Tax (IHT) account with HM Revenue & Customs (HMRC) due to the value of the estate and available allowances.

Grant of Probate – A legal document which confirms that the Executors of a Will have the authority to deal with the deceased’s assets. This will be required to sell the deceased’s property as some financial organisations require this to encash the funds, depending on the amount of money held in the account.

Grant of Letters of Administration – As above, but when there is no Will. It confirms that the administrators have authority to deal with the estate.

Grant of Representation – A blanket term for Grant of Probate or Grant Letters of Administration.

Guardian – Someone who is given parental responsibility over a child under the age of 18.

Inheritance Tax (IHT) – Tax on the estate of someone who has died.

Interstate – A person who has died without having a Will in place.

Intestacy Rules – Decides how an estate will be distributed when an individual dies interstate.

Lasting Power of Attorney (LPA) – A document that allows you to appoint one or more people to make decisions on your behalf.

Legacy – A gift of a specified asset or sum that is given to an individual under the terms of a Will.

Legatee – The recipient of a legacy.

Letter of Wishes – A confidential document that provides guidance on how you want your assets and estate to be managed after you die. It is not legally binding and can be changed or revoked at any time. A Letter of Wishes can include:

• Instructions for your funeral.
• Advice for guardians on raising your children.
• How you want your personal items distributed.
• Details about your beneficiaries.
• Guidance on how to manage your money.

Letter of Administration – A document which confirms legal authority to act in dealing with the administration of a deceased’s estate of someone who has died without making a Will.

Life Interest Trust – Gives the beneficiary a right to benefit from something for their lifetime.

Mirror Wills – Two people’s Wills where the terms mirror each other.

Nil Rate Band – The threshold for an estate which can be passed on death above which Inheritance Tax is payable.

Personal Representative – A blanket term for Administrator or Executor.

Renounce – When a proposed executor of a Will declines to accept their appointment.

Residue – The remainder of the estate after all legacies, liabilities, tax, costs, and disbursements have been paid.

Settlor – The person who creates a Trust.

Trust – A legal arrangement that allows a person to transfer their assets to be held and managed for the benefit of another person/people.

Trustee – The person/people appointed who manage the assets held in trust.

Will – A legal document which sets our how a person wants their assets distributed and dealt with following their death.

Please do not hesitate to contact our experienced Private Client team on 01753 486 777.

For over 20 years, Aston Bond has been a trusted name in Berkshire, providing high-quality legal advice with a focus on client care and satisfaction. Specialising in many areas of the law, such as Employment Law, we understand that settlement agreements can come with tight deadlines and significant stress. That’s why we pride ourselves on offering efficient and friendly guidance to make the process as smooth as possible for you!

Our dedicated employment solicitor, Ilinca Mardarescu, is here to walk you through every step, ensuring you understand your rights and feel confident about your options. Ilinca aims to make the process less daunting for you with her expertise and approachability. Whether you need support understanding terms, negotiating conditions, or finalising your agreement, Ilinca offers clear and personalised advice, that’s tailored to your specific needs.

For those facing time-sensitive situations, Aston Bond also offers an expedited one-day service to ensure you meet critical deadlines without compromising on quality.

Let Aston Bond be your local partner for trusted and efficient advice. But don’t just take our word for it, read what some of her past clients have said:

 “I instructed Ilinca to represent me when departing from my place of work. She was very responsive and efficient and helped me greatly through a difficult situation. I would not hesitate to recommend Ilinca based on my experience”.

“I want to express my gratitude and appreciation for the excellent service and advice in relation to my settlement agreement. You have been very professional, diligent, and responsive throughout the process, and you have ensured that I understood all the terms and implications of the agreement. I am very satisfied with the quality and value of your work, and I would highly recommend you to anyone who needs legal assistance in your employment matters. You have demonstrated a high level of skill, care, and attention in handling my case, and I am very grateful for your support and guidance”.

“Ilinca was so helpful, she gave clear, honest advice. She was very quick in responding and went above and beyond for me. Definitely would recommend her to anyone”.

To contact Ilinca, email her on imardarescu@astonbond.co.uk or call the office on 01753 486 777.

The probate process can be complex, especially when dealing with an emotionally challenging time following the death of a loved one. Executors of a will, or administrators of an estate when there is no will, have the legal responsibility to manage and distribute the deceased’s assets. While it is possible to apply for probate without legal assistance, many people choose to instruct a solicitor. Here’s how working with us can make the process smoother and less stressful.

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1. Expert Guidance on Complex Legal Processes

Probate involves understanding a range of legal responsibilities, and errors can result in penalties, delays or personal liability. We can guide you through the specific steps, ensuring that you:

• Properly identify and value all assets, including real estate, shares, pensions, and personal belongings.
• Accurately identify all liabilities and debts.
• Correctly interpret the will or follow intestacy laws if there is no will.

By working with us, you can feel confident in meeting your legal obligations as an executor or administrator and avoid potential mistakes that could lead to personal liability.

2. Efficient and Timely Completion of the Probate Process

Probate can be time-consuming, often taking 6-12 months or longer, depending on the complexity of the estate. We are experienced in navigating these requirements quickly, reducing delays and helping the estate to reach a timely resolution. With our help, you can save time on:

• Filling out detailed forms accurately (such as HM Revenue and Customs Inheritance Tax Account)
• Gathering and organising documents
• Liaising with financial institutions, the Probate Registry, and HMRC

We have the professional experience that can speed up interactions with these institutions, making it more likely that the estate administration process will stay on track.

3. Accurate Handling of Inheritance Tax (IHT)

One of the most challenging parts of probate is calculating and paying Inheritance Tax (IHT). If you’re unfamiliar with tax regulations, there’s a risk of overpaying or underpaying, both of which have financial consequences.

We can:

• Determine which IHT forms to submit
• Maximise tax reliefs, such as the residence nil-rate band or business relief
• Ensure that the estate tax return complies with HMRC regulations

Correctly managing IHT not only minimises tax payments but also avoids costly penalties for late or incorrect filing.

4. Managing International Assets and Complex Estates

If the deceased held assets overseas, owned multiple properties, or had business interests, the probate process becomes significantly more complex. Different countries have unique inheritance laws, which can impact tax liability and the administration of foreign assets. We can coordinate with foreign legal experts to manage assets outside the UK.

5. Protection Against Personal Liability

As an executor or administrator, you are legally responsible for the estate’s administration. This means that mistakes, such as overlooking a debt, incorrectly valuing an asset, or failing to identify a beneficiary, can expose you to personal financial liability. By instructing us to assist with the administration of an estate you can ensure that each step of the estate administration is handled carefully, reducing your exposure to potential claims.

6. Clear Communication and Less Stress for Executors

Probate is often complicated, but dealing with it during an emotional time can be overwhelming. We can take on much of the administrative and legal work, which relieves the pressure on executors. You will benefit from:

• Regular updates on the estate’s progress
• Clear, jargon-free explanations of your responsibilities and the steps involved
• Less direct interaction with creditors, beneficiaries, and government agencies

This support can help reduce stress, allowing you to focus on family matters and personal healing rather than paperwork and legal requirements.

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While handling probate independently is possible, many people find that the process is far smoother, faster, and more secure with the support of a solicitor. With us assisting in the administration of an estate you gain access to expert knowledge, reduce the risk of errors, and avoid personal liability. Whether you’re dealing with a complex estate, managing family tensions, or simply want peace of mind, working with us can make a challenging process more manageable.

If you are an executor or administration and require assistance with the administration of an estate, please do not hesitate to contact our dedicated Private Client department on 01753 486777 to discuss matters.

Attending a legal consultation well-prepared not only helps you get the most out of your appointment but also allows your solicitor to provide timely and accurate advice. Here’s a quick guide on what to bring to consultations at Aston Bond.

Everyone should bring a photo ID and proof of address (e.g., utility bill, bank statement, etc) to their consultation. This is standard for compliance purposes.

Conveyancing:

• Property Documents: If you’re buying or selling, bring any documents related to the property, such as deeds or leasehold information.
• Financial Details: Information on mortgages, valuations, or deposit amounts will help your solicitor understand the financial framework.

Employment Law:

• Employment Contract: This provides your solicitor with a clear view of your rights and obligations.
• Relevant Correspondence: Bring any emails, letters, or records of communication between you and your employer, particularly if it involves grievances, dismissals, or disputes.
• Pay Slips and Work Records: These documents are useful for salary, benefits, and role clarification.
• Timeline of Events: A timeline of key events can help your solicitor follow the sequence and context of any incidents.

Private Client:

• List of Assets: Include property, bank accounts, investments, and valuables you’d like to discuss for your will or trust.
• Beneficiary Information: Names and details of individuals you wish to name in your will or trust.
• Existing Legal Documents: If you already have a will, trust deed, or power of attorney, bring these along for review.

Litigation:

• Correspondence and Documentation: Bring any letters, emails, or contracts related to the dispute.
• Evidence: Include any evidence that supports your case, such as receipts, photos, or statements from witnesses.
• Timeline of Events: A clear outline of key events, with dates, will be helpful in mapping the course of the dispute.
• Contact Details for Involved Parties: This includes anyone involved in the dispute, witnesses, or other relevant contacts.

Family Law:

• Marriage Certificate: For divorce or separation cases.
• Financial Documents: Bank statements, tax returns, mortgage details, and other financial documents will be essential for cases involving asset division or child support.
• Existing Agreements: Bring any prenuptial or postnuptial agreements or parenting plans if relevant.
• Children’s Information: Details like school records or important dates can help if child custody is involved.

Being well-prepared with these documents allows your solicitor to give tailored advice and keeps your case moving forward efficiently. Make sure to ask if any specific items are required before your appointment to save time on the day!

Buying a property in the UK is an exciting adventure, but it can also be a complex process. Thorough preparation is needed for a smooth transaction. Here are ten important things to consider before making your property purchase.

1. Determine Your Budget

Assess your finances to determine how much you can afford. Consider all costs, including the deposit, legal fees, stamp duty, and moving expenses. Use a mortgage calculator to get an idea of monthly repayments.

2. Get a Mortgage Agreement in Principle

Before you start house hunting, obtain a mortgage agreement in principle from a lender. This document indicates how much they are willing to lend you, helping you narrow down your property search and giving sellers confidence in your offer.

3. Choose the Right Location

Research areas based on your lifestyle preferences, such as proximity to work, schools, and amenities. Visit potential neighbourhoods at different times of the day to gauge the environment and community vibe.

4. Make a List of Must-Haves

Create a list of essential features for your new home, such as the number of bedrooms, outdoor space, and parking. Prioritise your needs versus wants to streamline your property search.

5. Research the Property Market

Familiarise yourself with current property prices in your chosen area. Check online listings and attend viewings to understand the market and determine fair offers.

6. Hire a Conveyancer or Solicitor

Appoint a qualified conveyancer or solicitor to handle the legal aspects of the property transaction. They will guide you through the process, including searches, contracts, and completion.

7. Conduct Property Survey

Arrange for a property survey to identify any structural issues or necessary repairs. A Homebuyer’s Report or a full building survey can provide valuable insights into the condition of the property.

8. Check for Leasehold or Freehold Issues

Understand the difference between leasehold and freehold properties. If considering a leasehold, check the lease length, ground rent, and service charges, as these factors can impact your purchase.

9. Consider Future Resale Value

While you may be focused on your immediate needs, consider the potential resale value of the property. Factors such as location, property type, and market trends can affect future selling prospects.

10. Prepare for Completion Day

As you approach completion, ensure you have organised your funds for the deposit and legal fees. Confirm the completion date with your solicitor and ensure that all paperwork is in order. Plan your moving arrangements well in advance.

By taking these preparatory steps, you can navigate the property buying process with greater confidence and minimise potential pitfalls. Whether you’re a first-time buyer or moving up the property ladder, being well-prepared will help you secure your dream home successfully!

For guidance on Residential Conveyancing matters, please don’t hesitate to contact Aston Bond on 01753 486 777 to speak to our expert Conveyancing Team!

As 5th November approaches, people around the UK are getting ready for bonfires and firework displays to celebrate Guy Fawkes Night. To make sure everyone has a fun, safe, and lawful evening, here are some essential safety tips to keep in mind when building and enjoying your bonfire.

1. Check with your local council for any regulations surrounding bonfires in your area. Some councils restrict bonfires to designated areas or have size limits to prevent hazards. If you’re in a public space, ensure you have permission to hold the bonfire.

2. Have your bonfire away from buildings, fences, trees, and overhead wires. Ideally, your fire should be at least 18 metres (60 feet) away from any structures or flammable items. Always have a clear escape path around the fire to ensure everyone can move away safely if needed.

3. Only burn clean, dry wood. Avoid materials like rubber, plastics, or painted wood, as these can release toxic fumes when burned. Adding petrol or other accelerants is extremely dangerous and illegal for bonfire use. Stick to dry wood and paper to start your fire.

4. Keep buckets of water, a hose, or sand nearby to quickly extinguish the fire if it gets out of hand. It’s also a good idea to have a fire extinguisher on hand for added safety.

5. Keep children and pets at a safe distance from the fire and ensure they are always supervised. Consider setting up a specific boundary around the bonfire that no one should cross, helping everyone to stay safely out of reach of any sparks or embers.

6. Wildlife often shelters in wood piles, so check your bonfire for animals like hedgehogs before lighting it. If possible, build the bonfire on the day you intend to light it to avoid harming any wildlife that may take shelter in it overnight.

7. Let the ashes cool overnight and dispose of them safely the next day. Make sure the bonfire area is thoroughly cold before leaving it unattended, as residual heat can pose a risk.

By following these guidelines, you’ll help make this Guy Fawkes Night a safe and enjoyable one for everyone involved. Remember, a little extra preparation can go a long way in keeping your celebration legal and hazard-free. Enjoy the night, stay safe, and let’s keep the tradition fun for everyone!

As Halloween approaches, it’s the perfect time to consider whether you could live in a property with a “dark history.” In the UK, homes linked to tragic events, hauntings, or even infamous crimes often raise questions for prospective buyers. Whether you see it as a thrilling opportunity or something to avoid, here are some key legal aspects to consider when purchasing a property with a checkered past.

In England and Wales, sellers are not legally obligated to disclose details about a property’s dark history, such as past deaths or hauntings, unless directly asked. This makes it crucial to ask the right questions during the buying process. Your solicitor can help ensure all relevant information is revealed.

The principle of “caveat emptor” (let the buyer beware) applies to property purchases. This means it’s your responsibility to investigate the history of a home, so conducting thorough due diligence is essential. If you’re concerned about supernatural occurrences or unsettling past events, a solicitor can guide you on how to approach the matter with estate agents or sellers.

A property’s morbid reputation could affect its market value. While some buyers might be drawn to the mystery, others could see it as a deterrent, making the property harder to sell in the future.

At Aston Bond, we understand that buying a home is a major decision—even more so when the property carries an air of mystery. Contact us on 01753 486 777 for expert legal advice to ensure you’re well-prepared, no matter what lies behind the front door.

Happy Halloween!

As Halloween approaches, it’s not just haunted houses and ghost stories that give us chills. The UK legal system has some spooky, weird laws that touch on everything from property disputes to family law! At Aston Bond, we’ve gathered a list of eerie laws and cases that may make you rethink the world of litigation, private clients, and employment law.

1. Haunted House Liability

Under the Occupiers’ Liability Act 1957, homeowners could, in theory, be held liable if someone is injured while running from a ghost or encountering paranormal activity on their property. While the law doesn’t specifically address ghosts, it covers hazards in homes. So, if your haunted house spooks a trick-or-treater into falling, you might find yourself in a spooky legal battle!

2. Suing for Ghostly Disturbances

Can you sue for a haunting? Although rare, some people have tried! In a famous US case (Stambovsky v. Ackley, 1991), a buyer sued the seller for not disclosing that a house was haunted, which affected its value. While the UK doesn’t have a direct equivalent, misrepresentation in property sales could open the door to such claims. Sellers should be honest about any unsettling histories – human or otherwise!

3. Disinheriting for “Unholy” Behaviour

Under UK Inheritance Law, you can mostly leave your estate to whomever you choose, but spooky motives have arisen in some cases. There have been examples of Wills that disinherit family members for “immoral” or “unholy” behaviour. While this doesn’t always hold up in court under the Inheritance (Provision for Family and Dependants) Act 1975, it’s possible that a Will could specify conditions related to superstition or supernatural beliefs!

4. Curses and “Witchcraft” Clauses in Wills

There have been instances where bizarre clauses in Wills required beneficiaries to adhere to strange, even supernatural, conditions to inherit. These could include promises to avoid certain superstitions or to perform rituals. While unusual, if legally binding, these terms must be honoured – or risk losing the inheritance!

5. Divorce Over Superstitions

While uncommon, family disputes sometimes stem from deeply held superstitions. If one partner believes their home or marriage is cursed, it could form part of a divorce dispute. Under UK Family Law, you don’t need a spooky reason to divorce – just “irretrievable breakdown of the marriage” under the Divorce, Dissolution, and Separation Act 2020. However, spookier reasons like bad omens or supernatural beliefs might contribute to family tensions!

6. Custody Disputes and Supernatural Beliefs

In custody battles, a parent’s unusual beliefs – such as devotion to the occult or involvement in paranormal activities – could potentially be raised during proceedings. Courts focus on the child’s welfare, and while the law doesn’t judge supernatural beliefs, if such practices are seen to negatively impact the child, it could influence decisions under the Children Act 1989.

7. Sacking a Witch

While the Witchcraft Act 1735 was repealed, the belief in witchcraft still lingers in some corners of society. If an employee claims to have been fired due to being perceived as a witch, this could form the basis of a discrimination claim under the Equality Act 2010. Discrimination based on religion or belief is prohibited, and being dismissed for so-called “witchcraft” could certainly raise legal questions!

8. Haunted Workplaces

In the UK, employees have the right to a safe working environment under the Health and Safety at Work Act 1974. If an employee claims that their workplace is haunted or making them ill from stress due to ghostly encounters, it could lead to an unusual health and safety dispute. While paranormal claims might not stand in court, employers could still be held liable for an employee’s well-being.

9. Cursed Work Contracts

Superstitions around certain dates – like Friday the 13^th – could cause problems in employment contracts. Some employees may refuse to sign contracts or start work on superstitious dates, citing religious or personal beliefs. Under the Equality Act 2010, employers must respect these beliefs to some degree, and making allowances for superstitions could avoid legal disputes.

From haunted properties to spooky family and employment disputes, UK law is full of eerie possibilities! If you have any concerns – supernatural or otherwise – Aston Bond is here to help. Contact us at 01753 486 777 or visit our website, astonbond.co.uk, for advice on any legal matters.

Happy Halloween from the Aston Bond team!