Firstly, what is probate? Well, probate is Latin for ‘to prove’, and in modern day English, it is the process of proving the Will. In other words, it is the legal and financial process of dealing with someone’s money, house and possessions when they die.

Dealing with the death of a loved one can be extremely distressing and overwhelming, especially if it is the first time that you have experienced a bereavement.

If you are a personal representative in charge of dealing with an estate, this can come with a lot of responsibility which you may not feel up to when grieving the loss of someone close.

This is why many people choose to instruct a firm of solicitors to take care of these responsibilities for them. It also ensures that everything is carried out accurately, legally and correctly.

What probate services can we offer?

We obtain accurate date of death figures for each asset and liability that the deceased owned at the date of their death and use it to obtain a Grant of Representation, if required (a Grant of Probate when there is a Will or a Grant of Letters of Administration if there is no Will). For smaller estates, a short probate application will suffice, but for larger estates, you may require a full account to be submitted to HMRC which can be a daunting process to tackle on your own.  

With our probate clients, we always ask how much work we should take on in terms of the administration of the estate. Our service is not one-size-fits all, so instructing us as your solicitor does not mean that we must do everything. Although we can provide a full service, it is up to our client as to how much work we carry out. We can be as involved or uninvolved as you’d like us to be.

Please contact our private client team for a free initial consultation to discuss probate should you require our assistance.

Jargon Buster:

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

Administrator: The person/people responsible for dealing with the administration of the estate when there is no Will.

Personal Representative: A blanket term for Executor or administrator.

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 and 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 terms for Grant of Probate or Grant of Letters of Administration.

Navigating the complexities of the divorce process can be overwhelming, especially if you’re finding it difficult to understand the legalities and procedural nuances. However, understanding the different types of divorces available in the UK can help make this journey easier, providing clarity and direction during a hard time.

In the UK, the divorce process has significantly changed with the introduction of the Divorce, Dissolution, and Separation Act 2020, which came into effect in April 2022. This new law has introduced the concept of “no-fault” divorce, aiming to simplify the process.

Beyond this significant change, there are several types of divorce processes available, each suited to different situations and needs.

The “no-fault” divorce is a new legislation which gives couples the chance to divorce without any party blaming the other. The aim of this law is to reduce conflict and make the process as seamless as possible. You can apply for a divorce either alone or with your partner, by simply stating that the marriage has irretrievably broken down, and there is no need to present any evidence of misdeeds. There is a mandatory minimum period of 20 weeks between the start of the proceedings and the application for a conditional order, followed by a further 6 weeks before the final order can be granted.

While the “no-fault” legislation has become the default, it is still possible for one party to contest the divorce, although this happens quite rarely now. This process is referred to as a “contested” divorce, and it occurs when one party disagrees with the divorce, or the terms proposed. This can lead to a court hearing where a judge will decide the outcome of the matter.

On the other hand, if both parties agree on the divorce, and the terms proposed, the process is referred to as an “uncontested” divorce. Since there is mutual consent and understanding, the process tends to be straightforward, involving filing the necessary paperwork and obtaining the final order without the need for a court hearing.

A “dissolution of civil partnership” is like divorce, but for civil partners. The process is similar to that of a marriage and can be initiated by one or both parties. This process follows the “no-fault” principle and can be initiated by one or both parties, as long as it’s stated that the partnership has irretrievably broken down.

Another type of divorce is called an “annulment”. This is a legal procedure that declares a marriage null and void, as if it never existed. This is, however, only acceptable on certain grounds where the marriage wasn’t legally valid. For instance, if one partner was already married, or the marriage wasn’t consummated. Moreover, unlike divorce, an annulment can be sought at any time.

An alternative to divorce is called a “judicial separation”. This is for couples who don’t wish to end their marriage but want to live apart and formalise their separation. The way this works is one party applies for a judicial separation by citing one of the five facts that previously supported a divorce. These would be: one of the parties committed adultery, unreasonable behaviour, desertion, or there was a two-year separation with consent, or five-year separation without consent.

Ultimately, understanding the different types of divorce can help you choose the best path. It is important to consider your specific needs and circumstances, as each type of divorce offers distinct processes. With any divorce, choosing a lawyer you can trust and rely on will make the whole process easier and less stressful. Aston Bond’s family lawyer has all the experience you’ll need to feel confident and supported throughout the process. Don’t hesitate to contact us on 01753 486 777 or email us at info@astonbond.co.uk.

Lasting Powers of Attorney (LPAs) are legal documents which allow you, as the ‘donor’, to appoint one or more people, to act as your ‘attorneys’, to assist you in making decisions or make decisions on your behalf should in the future you be unable to do so yourself.

There are two types of LPA, and you can choose to make one or both, although most people put both in place to maximise their powers and protection.

1. LPA for Property and Financial Affairs – these covers decisions such as:
2. Looking after and paying your bills
3. Managing your bank accounts and investments
4. Buying, selling, or maintaining your home

The LPA for Property and Financial Affairs gives you the option to also allow your attorneys to act on your behalf with your consent while you still have capacity, should you wish. This could be helpful in circumstances whereby you are perhaps out of the country on holiday or simply unwell and require assistance but still have mental capacity.

• LPA for Health and Welfare – these covers decisions such as:
• Where you live
• Daily routine
• Medical care
• Life sustaining treatment

The LPA for Health and Welfare can ONLY be used should you lose capacity and be unable to make decisions anymore.

Why should you put LPAs in place?

LPAs are designed to extend your powers rather than limit or give them away. With rising cases of dementia in the UK and other common illnesses such as cancer they enable you to plan effectively for the future and choose people you trust to make decisions for you.

Having an LPA can avoid conflicts among family members about who should make decisions on your behalf, and what that decision should be. Different opinions on what course of action to take can lead to disagreements during an already stressful time. An LPA would explicitly state who your trusted attorneys are and your wishes providing clear guidance.

What could happen if you don’t make an LPA?

If you don’t make an LPA, you will not be able to decide who makes decisions for you should you lose capacity. This means that your loved ones might be excluded from making important decisions on your behalf.

Additionally, your family or friends may have to apply to the Court of Protection for a Deputyship Order to be able to make decisions on your behalf. A very costly and time-consuming process for all involved.

Our team at Aston Bond is experienced in handling Lasting Power of Attorney applications and can assist you throughout the whole process. Please do not hesitate to call us today on 01753 486777 or email us on info@astonbond.co.uk to arrange a meeting to discuss your requirements.

For your information, we prepare Lasting Powers of Attorney on a fixed fee basis. Please see below for our costs:

• Individual Lasting Power of Attorney X 1 (Finance & Property OR Health & Welfare) – £500.00 + VAT
• Individual Lasting Power of Attorney X 2 (Finance & Property AND Health & Welfare) – £600.00 + VAT
• Couples Lasting Power of Attorney X 1 (Finance & Property OR Health & Welfare) – £600.00 + VAT
• Couples Lasting Power of Attorney X 2 (Finance & Property AND Health & Welfare) – £750.00 + VAT

There is also a further registration fee of £82.00 per application for registering the documents with the government body that manages LPAs The Office of the Public Guardian. The documents must be registered before they can be used.

There is also an additional one-off charge for fixed fee Lasting Power of Attorney files to cover our case management, archiving, and administration fees. This is £45.00 + VAT. There are no ongoing annual charges for these services, and we also offer to store your original Lasting Power of Attorney documents without any additional charge!

Mental Health Awareness Week is here, and this year’s theme is moving more for our mental health. One of the most important things we can do for our mind is move. Our bodies and mind are intertwined, so regular physical activity would not only improve your mental wellbeing but also help prevent issues such as heart disease, diabetes, and so much more. Regular exercise can offer an outlet for all your frustrations and stress, improving your sense of control and elevating your energy levels. Keeping active doesn’t always have to be intensive exercise and playing sports, putting on your favourite music and dancing could go a long way in making a difference in terms of improving your mood and thinking patterns.

Maintaining your mental health is especially important in the workplace. According to BMC Public Health, office workers spend up to 80% of their time sitting down, leading to poor physical health, and undermining mental well-being.  Luckily, there are several approaches companies can take to promote movement and mental well-being.

For instance, employers could educate employees on the importance of physical activity. This could include implementing workshops to enhance morale and team building or providing staff with educational resources to improve employee health awareness. Employees appreciate employers who invest in their health and well-being, so this would be exceptionally beneficial as it would lead to increased mental well-being and, therefore, happier staff and productivity in the workplace.  

Organising regular group activities has multiple benefits too.  Small activity-challenges can be incorporated into a competition which helps team building as well as befits health.  Another option could be organising a lunchtime walk for staff members or encouraging “walking meetings” which can improve innovation and open communication, especially for managers who spend a lot of time in meetings.  Regular group activities at work can offer an opportunity to socialise, creating a sense of community within the workplace, and, in time, reduce stress and lead to a healthy mind.  Standing desks, cycle to work schemes or and even posters reminding staff to move can all help as well.

As Mental Health Awareness Week emphasises the importance of movement for our well-being, it’s evident that staying active has it’s benefits for both our bodies and our minds.

Working at Aston Bond has been an incredible experience. I was welcomed into the office with a level of professionalism and attention that really made a lasting impression on me. The chance to work in a variety of different sectors at the firm was one of the most amazing aspects of this experience. I was able to gain practical experience in a range of legal processes, whether it was through document drafting, case reading or legal research.

I learnt a lot of useful skills and gained extensive knowledge while working at Aston Bond. I had the opportunity to work alongside experienced professionals who were always willing to share their experiences. I gained knowledge in how to critically evaluate and analyse complicated legal matters, and effectively communicate. These abilities have improved my academic endeavours and will be beneficial to me in my future legal career.

The firm made this experience very comfortable for me by the supportive and collaborative environment. Working closely with a diverse and talented team allowed me to develop professionally and I was able to broaden my knowledge and gain a deeper understanding of the legal industry.

Overall, I had an incredible experience working at Aston Bond. It gave me useful experience, insightful knowledge, and a greater understanding of the path I intend to take in the future of my legal career. I am grateful for the opportunity that was given to me, and I would like to thank everyone here for the experience.

By Riqayya Hussain

At Aston Bond, we offer an extensive work experience program designed to give aspiring professionals a direct insight into our dynamic industry. To apply, simply send your CV and cover letter to imardarescu@astonbond.co.uk. Please ensure that your cover letter also includes your desired dates of participation. We can’t wait to welcome students to our team!

In today’s fast-paced world, the legal landscape is growing alongside advancements in technology and changing client preferences. When facing legal matters, one of the most important decisions clients need to make is who to seek guidance from, whether it’s with an online solicitor or a local solicitor. Both options come with their own set of benefits and limitations, influencing how legal services are obtained and provided in today’s contemporary society.

Today, we explore into the dynamic comparisons between the two. Whether this is your first legal journey or you’re considering new legal representation, understanding the two approaches can allow you to make an informed decision.

Here, we navigate the complexities of choosing your legal ally, comparing the accessibility of online solicitors with the personalised expertise of local solicitors.

When weighing the pros and cons of online versus local solicitors, it is clear that both offer unique experiences. Ultimately, the choice depends on the nature of the legal matter, your personal preferences, and the level of personal interaction and expertise desired.

If you need any assistance with a quote or query, don’t hesitate to contact Aston Bond on 01753 486 777!

In a world dominated by constant connectivity and technology, the lines between work and personal life have blurred. This is especially due to the rise of remote work as a result of the pandemic.

Many workers found themselves at home, answering emails and scheduling work calls many hours after their normal working day had ended.  This caused employees to have less time to unwind and de-stress, ultimately leading to less sleep.

This ever-growing phenomenon has led the Labour party to consider “The Right to Disconnect”, a proposal that allows employees to detach from work outside of their regular contracted hours.

This would mean that once an employee has finished their shift or regular working hours, they should not receive or respond to any calls, emails, or messages that are work-related.  The proposed Bill would actively restrict employers from contacting employees outside of their contracted hours.

At this stage there are no details given so it is unclear whether this will be a strict rule or whether certain exceptions would be in-built into the legislation.  Employers are hopeful that there will be sensible rules allowing contact if there is a real need, especially for senior employees who might need to be available outside of working hours.

The Labour Party has however emphasised the pressing need to define the boundary between personal time and work in our digitally overwhelmed age.

Moving forward, maintaining a balance that respects both professional responsibilities and personal boundaries will be key to encouraging a healthier and sustainable workplace culture.  

Are you ready to delve into the world of Estate Planning? Here, at Aston Bond, we’re passionate about making sure that you and your loved one’s futures are secured. Estate planning may sound intimidating, but we’re here to simplify it into simple language and bite-sized chunks. From clever Will drafting, to efficient ways of reducing inheritance tax, we’ve got you covered. Whether you are completely new to estate planning and only just starting to consider it, or whether you are wanting to adjust existing plans, read on so that we can navigate this process together.

What is estate planning?

Estate Planning is the process of arranging how your assets will pass on your death. Your assets can be anything you own, such as property, vehicles, money, shares, or even personal property, such as jewellery. It allows you to decide where and who everything will pass to, including ensuring that your loved ones are taken care of financially in the future.

What is the process of estate planning?

1. The first step of estate planning involves creating an inventory of all your assets, including its value. You can do this by simply writing a list of everything you own, taking extra care to include more obscure assets like digital assets, cryptocurrencies, or shareholdings.
2. After you have done this, it is essential that you consider making a Will, to clearly state how your estate should be distributed on your death. If you don’t make a Will then your estate will pass under the intestacy rules, which is a statutory order of priority, and may not align with your wishes.
3. During the process of making your Will you should consider the following
   1. Executors – this is who will deal with the administration of your estate on your death.
   1. Guardians – this allows you to decide who would look after any of your children if you died whilst they are under 18.
   1. The possibility of including and utilising Trusts to best protect your estate for your loved ones. A trust is a legal arrangement where you give control of your assets to trustees to manage and distribute for the benefit of your chosen beneficiaries.
   1. Potential claims against your estate – although it is quite legal to make a Will in whatever terms you wish there is in existence a statute which allows certain categories of persons to make a claim against your estate on your death if they feel that you have failed to make sufficient provisions for them. It is therefore essential you take legal advice to minimise any potential claims against your estate.  

Inheritance Tax Planning

Inheritance tax (IHT) is the tax on the estate of someone who has passed away and is calculated based on their total assets minus liabilities on the date of death. There are various ways of reducing IHT by tax planning during your lifetime and by having a Will that is drafted in a tax.

There are various inheritance tax allowances that you should be aware of. For example, the spouse exemption allows your estate to pass to your spouse or civil partner entirely tax free no matter how large the estate. Another allowance is the charitable exemption which allows money left to charity under a Will to pass entirely tax-free, which can reduce your overall inheritance tax liability.

The above exemptions are only two of many, so it is very important to seek legal advice when it comes to estate planning to avoid missing out on tools available to you.

One of the most efficient ways of decreasing the value of the estate is the use of lifetime gifts. This is the process of giving away assets during your lifetime, rather than waiting until death to leave them to beneficiaries under your Will. This can reduce the overall value of your estate and potentially lower the amount of inheritance tax owed. There are several ways you can do this.

• You may transfer any amount to a spouse or any UK registered charity that is free of the inheritance tax.
• You could also gift non-exempt beneficiaries up to £3,000.00 total annually. This is called an annual exemption. If you haven’t used your annual exemption for the previous tax year, the unused portion can be carried forward for one tax year.
• If a gift is made to an individual but doesn’t fall within any of the exempt categories, it falls within potentially exempt transfers. This means that, providing that you survive for seven years from the date of the gift, the value of the gift will fall out of your estate. If you don’t survive for seven years, the gift is added back to your estate for inheritance tax purposes. However, the longer you survive after making the gift (subject to surviving a minimum of three years), the lower the inheritance tax payable. It is crucial that you also do not retain any benefit from the gift whatsoever or HMRC will not regard it as being outside of your estate no matter how much time has passed.
• You are also eligible to make gifts from your income to any person without affecting your inheritance tax position. This is only if your gifts form part of your normal expenditure and do not affect your quality of life. There must also be a clear, consistent pattern of giving, for example, paying the premiums on a life policy for another person’s benefit or payment of school fees.
• Another way to use lifetime gifts is by making small gifts to any one person. You are allowed to make gifts up to a maximum of £250.00 to any one individual during a tax year. Unlike the annual exemption, however, it is not possible to carry forward any unused portion to the following tax year.
• You may make gifts on the occasion of a marriage or civil partnership, but this has limitations depending on your relationship to the person married. This means that; each parent can gift a maximum of £5,000.00, each grandparent (or remoter ancestor) can gift £2,500.00, either of the couple can gift each other £2,500.00, and any other person can gift £1,000.00. The gift must take place before or on the ceremony and must be conditional on the ceremony taking place.
• Another way to reduce inheritance tax liability is to make inheritance tax efficient investments. We are unable to provide investment advice but can recommend local Independent Financial Advisors who can assist.
• Charitable donations are another efficient way to decrease inheritance tax liability. The Finance Act of 2012 introduced a lower rate of the inheritance tax for individuals who leave a minimum of 10% of their net estates to charity.

Estate planning is not just about securing your assets; it is about securing your loved one’s futures as well as your own. At Aston Bond, we understand that starting this process can be tedious (and daunting!), which is why we strive to simplify it for our clients as best as possible. We tailor our advice based on your individual needs and deal with issues in a considerate and sensitive manner.

So, if you’re ready to take control of your family’s financial future, please book an appointment with our friendly private client department. Just call us on 01753 486 777!