Paul Rothwell

What is a trustee? A trustee is a person or a firm that holds and administers property or assets held in a trust for the benefit of a third party. A trust can be created for a variety of purposes, including in bankruptcy situations, in certain types of...

Rachel Reeves made history today, delivering the first budget from a female chancellor, in a debut that also marked the first Labour budget in 14 years. Starting her speech with a call for girls and young women to break through any ceiling in achieving...

As we approach the UK government’s upcoming budget, there is a heightened focus on potential tax changes that could impact estate planning, property transactions, and probate. In particular, Inheritance Tax (IHT), Capital Gains Tax (CGT), and Stamp...

You have decided to make your will. You’ve met with your solicitor, discussed your needs and received advice. You then receive your will to review, but find it contains words you may not fully understand. Let’s look at some of those terms and...

There are few certainties in life, but as American statesman Benjamin Franklin famously wrote, two things we can be sure about are “death and taxes”. Yet planning for our ultimate demise, or our decline along the way, is something that we...

Blended families have become increasingly common in today's society. As relationships evolve and individuals remarry or enter into new partnerships, estate planning becomes a crucial consideration to ensure the fair and smooth transfer of assets to loved...

Inheritance challenges and disputed wills are soaring, but it’s not just the high profile, wealthy that are fuelling the action. Figures from the Ministry of Justice come against a backdrop of headline-catching disputes such as the case of Russian...

It is possible to make a Power of Attorney online, but whether you should is an entirely different matter. The process of making a Power of Attorney seems straightforward, but for those who are unfamiliar with the process, there are many potential pitfalls...

Common Myths about Inheritance Tax Planning: Busting the Misconceptions Inheritance tax planning is a crucial aspect of financial management, yet it is often shrouded in misconceptions and myths. As the New Year begins, it's an opportune time to...

Three children have won a share of their father’s £700,000 estate after a hard-fought case that reached the High Court in London. The siblings took action when their father Kenneth Grizzle died and they found they were excluded from his...

Unfortunately accidents can happen to anyone at any time. These accidents can result in individuals losing the ability to make their own decisions. If this should happen, the Court of Protection in the UK steps in to protect the interests of vulnerable...

An article in the Law Society Gazette a few weeks ago revealed that a couple were stung with an £89 annual storage fee for their wills, having already paid £4,500 for their wills and been told the storage fee would be £49. Meanwhile, the...

In 2022, the Office of the Public Guardian (OPG) registered over 770,000 Lasting Powers of Attorney (LPA), and this was an increase of nearly 10% over the number of registrations from 2021. However, the waiting times between making an application for...

Our Wills and Probate team is moving! Currently based in Gravesend offering a wide range of services including wills, probate, powers of attorney, trusts and court of protection, we are excited to announce from Monday 24 July our Wills and Probate team will...

Creating a Power of Attorney (POA) is a crucial legal step to ensure your wishes are upheld and your affairs are managed in the event of incapacitation. While it may seem tempting to make a POA online, it's essential to understand the potential pitfalls...

Contentious probate refers to any disputes about an individual's estate when they are no longer here. This process can be difficult for families and lead to many mixed feelings, but understanding when an estate can be contested can help answer many...

A Power of Attorney is a very valuable document to have in place, allowing you to plan for the future when you can no longer make decisions for yourself. In this article, we look at why a Power of Attorney is something you should consider. What...

No real surprise as Inheritance Tax receipts soar by nearly 20%. Can you limit the damage Inheritance tax does to your estate? Most economic editors in the media expressed surprise that there was a surplus in Government finances announced for January...

We are incredibly excited to announce that our firm has been shortlisted for the UK Probate Research Awards 2023, for the Best Probate Law firm category of medium size firm. After winning this award in 2020, Martin Tolhurst is thrilled to announce that we...

In June, the Society for Trust and Estate Practitioners (STEP) launched a new “Protect your Digital Memories” campaign . The campaign aims to increase awareness and encourage people to protect their digital memories. STEP is calling for both the...

There is still much uncertainty about the true impact of coronavirus on all aspects of our lives. Inheritance tax is no different, with the fallout of the pandemic affecting the value of estates, inheritance tax planning, and the valuation of business...

If you are considering giving Power of Attorney to a loved one, we understand that this may feel overwhelming. There are many considerations, including choosing someone you trust to carry out your wishes and conduct your affairs as you would want. Choosing...

Inheritance disputes may have risen in response to soaring property prices, second marriages and blended families, with relatives more likely to feel they are missing out, but the courts are pushing back on frivolous claims and obstructive family...

An absolutely huge congratulations to Debbie Webster from our Gravesend Private Client team for winning the 'Unsung Hero Award' at last nights UK Probate Research Awards 2022 in London. What a fantastic achievement and so well deserved. Well done...

As part of inheritance tax planning, or simply as part of passing on wealth to the next generation, you may consider gifting money or property to family or friends. However, there are several things you need to know about gifting and inheritance tax. In this...

If you are thinking about writing a will, you may have considered doing it yourself. There are many templates and tools available online, along with vast amounts of information about the law and how to go about writing your own will. However, there are...

Professionals working with the elderly and vulnerable are raising concerns over future safeguarding following a dramatic fall in the number of lasting powers of attorneys registered during the coronavirus pandemic. Figures from the Office of the Public...

The International Day of Charity takes place annually on 5 September, but did you know that one of the best ways to support a charity is to leave them a gift in your will? Many charities in the UK rely on donations left by their supporters, and any gift you...

Nobody likes to think about a time when they are no longer around and talking to loved ones about what you would like to happen after you pass away may seem morbid or unnecessary. However, talking about financial and practical matters can help put your mind...

A more straightforward digital system to set up a Lasting Power of Attorney (LPA) could come into play, but experts say that it is vital that sufficient safeguards are in place to protect elderly and vulnerable people from abuse. In this article, we look at...

When someone you love has passed away, the last thing you will be thinking about is debt. However, there are many misconceptions about debt and inheritance, and it is essential to understand the position. Many people believe that when a person dies, the...

If you intend to leave savings, property or other assets to family or friends after you die, you need to consider inheritance tax (IHT). It could cost your heirs up to 40% of their inheritance. By planning ahead, you can minimise IHT and ensure as much of...

It seems that people in the UK are a charitable bunch. In fact, last year, just under £3 billion was donated to charity in wills, which is expected to rise to £3.4 billion by 2022. This figure means that 3.5% of all of the money left in estates...

Dementia Action Week runs 17th - 23rd May 2021 and is a national event that sees the public coming together to take action to improve the lives of people affected by dementia. When a person receives a dementia diagnosis, this doesn’t automatically...

Millions of couples across the UK are choosing to forego marriage and live as cohabitees. However, without proper estate planning, they could be putting their finances at risk. Unlike their married counterparts, unmarried couples have no automatic right to...

Recent research has revealed that one fifth of parents have transferred assets to their children to lessen the amount of inheritance tax payable on their estates. Direct Line’s research revealed this amounted to more than 6.9 million parents and the...

ITV’s new Sunday night drama, Finding Alice, may appear far-fetched, but it highlights a number of themes we, at Martin Tolhurst, frequently encounter. Harry, the 48 year old property developer, has died unexpectedly. His family, while attempting to...

Sometimes the generosity of a friend or relative leaving you a gift in their will can backfire if it turns out your estate will need to pay tax on it or if there is a chance that it could be swallowed up in future care costs or in...

There is no denying that 2020 is a year which will go down in history - for many reasons. The global pandemic, Brexit, and the fallout from these events has had a significant impact on many areas of our lives. These events may have far-reaching implications...

Writing a Will at the moment comes with some extra complications, as the social distancing measures in place could make it harder to get a solicitor or to find someone to witness your Will. Experts are warning against self-directed videos following...

What’s one of the best things you can do for your loved ones, apart from caring for them well in this life? Sort out your paperwork before you die. Yes, that’s right. Imagine if you hold lots of accounts online where you receive payments for...

When to hand over power of attorney – a gentle guide for dementia sufferers and their family For years, the worry of cancer was one of the UK’s biggest health concerns. Now, another devastating disease has taken its place at the top of the...

Every year, thousands of people die intestate or without a will. That means they haven’t left any clear guidelines as to how they want their estate divided up among their beneficiaries. The numbers are incredible too, with around 70% of the UK...

High profile inheritance disputes follow celebrities and the super-rich as surely as night follows day, but such challenges are becoming increasingly common, whatever the values involved. Some of the names to have made headlines include the...

Making will is an important life decision that could save your relatives a great deal of heartache once you’ve gone. You can express your wishes, designate who gets what, and that’s the end of it. Or is it? Law firm Nockolds reported that...

First, what is an unclaimed estate? An unclaimed estate or unclaimed inheritance occurs when someone dies intestate, i.e. without leaving a will. It may also happen when an old will is in place and the person’s intended beneficiaries died. The general...

If you die without a will, who inherits your estate? Well let’s start with what intestacy is. The rules of the intestacy are the laws that determine who will inherit the estate of someone who dies without leaving a...

In November 2017, the Money section of The Times published an article about Maria Hillman and Paul Cutler who found that their father’s £300,000 estate suffered more than £100,000 in legal fees by the firm of solicitors who administered the...

Ten important items for you to consider before 6 April to reduce inheritance tax on your estate. Tax planning is an important part of your annual spring cleaning. If you want to take advantage of the allowances available to you this...

Paul Rothwell, Wills and Probate Solicitor in our Gravesend based Wills and Probate department comments on the recent case of Nahajec v Fowle. Recently there have been a couple of cases heard in court about estranged children successfully making claims...