Archive

Archive for January, 2010

Free Will Seminars

January 14th, 2010

The Probate Bureau is offering free seminars to business and institutions who have the capacity for 15 or more interested persons and can provide facilities to conduct a seminar. Over 65% of the population does not have a Will Furthermore, most of the Wills already written are poorly drafted and do not comply with current legislation, which can cost a family dearly.

If you feel you would like to offer this service to staff members or local community then give us a call on 0800 028 2837.

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Signing Your Will

January 14th, 2010

Your Will becomes a legally valid document as soon as it has been signed correctly.

Your signature must be witnessed by two people who must be present with you as you sign.

Witnesses MUST NOT BE BENEFICIARIES. Witnesses must NOT be the SPOUSE of a beneficiary. Nobody who may benefit from your Will should be allowed to act as a witness. If this happens any legacy or benefit they may have received will be LOST and become part ot the residuary estate.

The witnesses are only confirming that it is your signature – they do not need to read the WIll and all other clauses can be covered up if required.

Witnesses should also be sure that you know what you are doing – they should be confident that you have READ your Will and that you are SOBER and of SOUND MIND.

Witnesses should also be aware that you have not been subject to any outside influence persuading you to sign.

Your wintesses should be aged 18 years or over and be UK citizens.

Signing with a Testator who is BLIND or INFIRM requires special arrangements.

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Lasting Powers of Attorney

January 13th, 2010

Lasting Powers of Attorney (LPA) enables those you trust to make important decisions on your behalf should you become physically or mentally incapable of doing so for yourself. They replace Enduring Powers of Attorney (EPA) although if you have an EPA it remains valid.

A LPA usually associated with the affairs of the elderly in conjunction with preparing a Will. There are two types of LPA; one to deal with Property and Affairs, another to deal with Health and Welfare.

A LPA does not take away your right to make decisions; it is there to support you until the time comes when the appointed Attorney is needed to take over when you are unable to cope.  You may ask your Attorney to step in and take responsibility of your affairs at any time.

For more details click here

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Inheritance Tax

January 12th, 2010

In general, UK Inheritance Tax for 2010/2011 allows a person to leave an estate worth £325,000 before paying Inheritance Tax.  This is known as the ‘Nil Rate Band’. If an estate is in excess of £325,000 tax is charged at 40% on the excess. For example: An estate valued at £525,000 would be liable to pay £80,000 in tax!

Calculating and determining the value of someone’s estate can be a daunting task. Completing the necessary Inheritance Tax forms (IHT400) can also appear overwhelming. Fortunately the Inland Revenue has made Inheritance Tax forms readily available over the internet which you can now download.  Unfortunately the Inland Revenue has made its role far easier by asking individuals to complete very lengthy and complicated forms. Before downloading 200 pages of forms and instructions we strongly recommend your printer is well stocked with paper and ink!

Make sure you complete the relevant forms with the correct information.  Any aspect of IHT400 that is not accurately completed may result in lengthy correspondence with the Inland Revenue to get any issue resolved.

Furthermore, transfers of Nil Rate Band to a spouse or civil partner who died on or after 9th October 2007 can add additional complexity in calculating a person’s estate.

If you have not already done so and before attempting to complete any IHT400 application, contact us first for advice.

Telephone 0800 028 2837

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Scam Alerts

January 8th, 2010

We are regularly contacted by people concerned that they have received an official looking email stating they are the beneficiary of a distant relative. The emails tend to originate out of Africa and  are sent from either a solicitor or barrister bearing legal terms on official looking documentation.

Usually the email will state a substantial amount of money has been left in a bank account, but before funds can be released, inheritance tax and transfer fees must be paid to declare and certify that the money is not laundered through drug racketeering . Furthermore, the email usually states that the solicitor or barrister has paid a portion of these fees themselves and includes official confirmation of payment as proof. The scam comes when the fraudsters request a balance of payment to complete the transfer prior to the receipt of any inheritance. This payment has to be sent directly to the solicitor or barrister using a bank wire service or Western Union.

If you receive this type of email NEVER make any payment of any kind.

……………………………………………………………………………………………………………………………………………

Another email scam is titled DAVID SMITH & ASSOCIATES and appears quite genuine, if you are not fooled by the dreadful grammar and spelling:

Image sent via email from David Smith AssociatesScam Alert

Barristers’ Chambers: DAVID SMITH & ASSOCIATES

Tel: +44-704-5717-272.
FAX: +447005942911

Address: 33 Bedford Row
London WC1R 4JH, England

PARTNER MANAGING
DAVID SMITH & ASSOCIATES
LONDON – UK.

On behalf of the Trustees and Executor of the estate of Late Engr.Jürge Krügger. I once again try to notify you as my earlier letter was returned undelivered. I wish to notify you that late Engr. Jürgen Krügger made you a beneficiary to his WILL. He left the sum of Thirty Million, One Hundred Thousand Dollars (USD$30,100.000.00) to you in the Codicil and last testament to his WILL. This may sound strange and unbelievable to you, but it is real and true. Being a widely traveled man, he must have been in contact with you in the past or simply you were nominated to him by one of his numerous friends abroad who wished you good. Engr. Jürge Krügger until his death was a member of the Helicopter Society and the Institute of Electronic & Electrical Engineers. According to him this money is to support your humanitarian activities and to help the poor and the needy in our society. Please if I reach you as I am hopeful, endeavor to get back to me as soon as possible to enable me conclude my job. I hope to hear from you in no distant time. Note: You are advice to contact me with my personal email address: Email: davidsmithchambers@jmail.co.za

I await your prompt response.

Yours in Service,
BARRISTER DAVID SMITH.

Again please do not be fooled in to thinking you know this fictitious person and the late Engr.Jürgen Krügger.

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