Blog Archives - Emyr Pierce

Apr 25

“Stealth” death tax scrapped by Government

With just one week to go until the Government’s proposed probate fee increase was due to be introduced, it has been scrapped. Whilst many people will no doubt breathe a sigh of relief, it is not yet clear whether the Government will revisit these proposals if re-elected. Speaking for myself and my colleagues, we had been subjected to additional pressure as a result of such proposals as clients expected us to submit applications before the end of this month in order to avoid paying substantially increased fees.

What are probate fees?

Probate fees are the fees payable to the Probate Registry on application for Grants of Probate when someone dies. The Grant is the legal authority given to executors or administrators of the Estate of the deceased to distribute and administer their property, savings and investments.

What was the extent of the proposed Probate fee increase?

The Budget originally put forward proposals to introduce substantial hikes in probate fees payable from May of this year. Currently, the charges are £215 for those who apply personally, or £155 if the application is made through a solicitor. The new ruling would have resulted in an estimated 58% of Estates worth less than £50,000 incurring no fees at all, an estimated 23% of Estates worth between £50,000 and £300,000 paying £300 and an estimated 11% of Estates valued between £300,000 and £500,000 paying £1,000! For an estimated 6% of Estates worth between £500,000 and £1 million, they would have seen their fee rise to £4,000, around 1% of Estates worth between £1 million and £1.6 million would pay £8,000, and 0.3% worth between £1.6 million and £2 million would pay £12,000 and finally, an estimated 0.5% of the Estates in this country, worth over £2 million, would need to pay a whopping £20,000.

The Government’s argument was that roughly 94% of Estates would have paid no more than £1,000 in Probate fees whereas those Estates over £500,000 would pay substantially more.

Critics claimed these fees to be more representative of a “Stealth Tax” as the Probate fee is payable in addition to any Inheritance Tax already payable, at a massive 40%, on the value of Estates worth more than £325,000.

The Government claimed the increases were necessary to ensure that HM Courts and Tribunal Service (HMCTS) is funded adequately now and in the future, and argues that despite the concerns expressed, these increases are necessary to continue to provide “access to justice”. The main problem is, of course, that a bereaved family does not regard a fee payable to obtain a Grant of Probate as necessarily providing “access to justice” and that, unlike a Court fee, which is often calculated on the value of the dispute in hand, this is an administrative fee payable in order to process essential paperwork. It is for this reason that these fees have remained fixed for many years and, whilst currently representing good value for money, and arguably due for review, the extent of the increases previously proposed resulted in allegations that it no longer represents a “fee” but a “Stealth Tax” representative of a further 1% charge on all Estates valued over £50,000.

We will have to wait and see if the Government revisits this issue or whether they have recognised that this may well represent a huge vote loser!

Emyr Pierce

Managing Partner

Emyr Pierce Solicitors

1 Heol Y Deri, Rhiwbina, Cardiff CF14 6HA

Apr 12

Lasting Powers of Attorney (LPA)

Increased Awareness of LPAs

Ten years after their introduction as replacements for the Enduring Power of Attorney, the Public’s awareness of the implication, benefits and value of having Lasting Powers of Attorney has increased substantially during the past few years.

Mar 22

“Stealth” death tax expected to raise £1.5billion from bereaved families

It was inevitable that sooner or later the Government would turn its attention to raising greater revenue from probate fees – these are the fees payable to the Probate Registry on application for grants of probate when someone dies. The grant is the legal authority given to executors or administrators of the Estate of the deceased to distribute and administer their property, savings and investments.

The recent Budget put forward proposals to introduce substantial hikes in probate fees payable from May of this year. Prior to this date, the long-established charges were £215 for those who applied personally, or £155 if application is made through a solicitor. The new ruling will result in an estimated 58% of Estates worth less than £50,000 incurring no fees at all, an estimated 23% of Estates worth between £50,000 and £300,000 paying £300 and an estimated 11% of Estates between £300,000 and £500,000 paying £1,000. For an estimated 6% of Estates worth between £500,000 and £1 million, they will see their fee rise to £4,000, around 1% of Estates between £1 million and £1.6 million will pay £8,000, 0.3% between £1.6 million to £2 million will need to pay £12,000 and an estimated 0.5% of the Estates in this country worth over £2 million, will need to pay a whopping £20,000.

Essentially, therefore, the Government argues that roughly 94% of Estates will pay no more than £1,000 in Probate fees whereas those Estates over £500,000 will pay substantially more.

Critics claim these fees to be more representative of a “Stealth Tax” as this Probate fee is payable in addition to any Inheritance Tax already payable, at a massive 40%, on Estates worth more than £325,000.

The Government claims these increases are necessary to ensure that HM Courts and Tribunal Service (HMCTS) is funded adequately now and in the future, and argues that despite the concerns expressed, these increases are necessary to continue to provide “access to justice”. The main problem is, of course, that a bereaved family does not regard a fee payable to obtain a Grant of Probate as necessarily providing “access to justice” and that, unlike a court fee which is often calculated on the value of the dispute in hand, this is an administrative fee payable in order to process essential paperwork. It is for this reason that these fees have remained fixed for many years and, whilst currently representing good value for money and arguably due for review, the extent of the increases now proposed has resulted in allegations that it no longer represents a “fee” but a “Stealth Tax” representative of a further 1% charge on all Estates valued over £50,000.

Mar 21

Having a Will, is the Way

Everyone chooses to try and ignore the inevitable – death. As they say, very few things are guaranteed and, sadly, death is one of those.

It is however essential that you take time to seek advice and consider the needs of your loved ones in the event of you no longer being around to care for them. Without a Will you are leaving the ultimate destiny of your assets to chance or the Rules operated by the Common Law – and it’s not just about money or assets. Who cares for any of your minor children under the age of 18 should also be a major consideration.

Just some critical reasons why a Will may be essential:

Don’t assume your partner will get everything – Even if you are married, or in a civil partnership, your entire estate will not automatically pass to your spouse. If you die without leaving a valid Will, your assets will be distributed in accordance with the ‘Intestacy Rules’, which is the Common Law’s attempt to anticipate what the intentions of the average person would have been had he or she made a Will. What these Rules anticipate, and what you may actually want, could, however, be entirely different.
If you’re not married, your partner is not entitled to anything as of right – Under the Intestacy Rules, unmarried, cohabiting, partners will not automatically be entitled to anything.
Think of the children – Perhaps one of the greatest reasons for making a Will is the need to appoint Guardians for your minor children. Few want to consider the possibility of both parents dying. In such circumstances the existence of a Will can make sure that your children are brought up by individuals of your choice who share your values and beliefs. By making a Will you can appoint a trusted friend or relative as Guardian of your children to look after them and bring them up as you would have wished.
Look after other loved ones – You may be responsible for looking after other family members such as an elderly or vulnerable parent or sibling. Your Will can stipulate how they will be cared for in your absence and you can make financial provision for them if necessary.
Non-relatives will not benefit unless you say so – If there is a special person in your life, and who may not necessarily be related, and you want to leave something to them, this can only be guaranteed by making a Will.
Save on Inheritance Tax – Seeking expert advice on drafting a Will could save you tens of thousands of pounds in unnecessary Inheritance Tax payments.
Do not leave everything to the other – It is increasingly important to consider the implications of leaving everything to the other spouse or partner, or to allow your assets to pass automatically by survivorship to your spouse or partner. You can make provisions in your Will for your assets to be placed in Trust for your children avoiding the risk of these passing to unsuspected third parties – such as future spouses or, indeed, the children of future spouses, should you be the first to go.
Your final send off – In your Will, you can specify whether you wish to be cremated or buried, and even give directions about your funeral; where you want it, or any instructions for any donations.

When writing a Will, it’s important to seek professional advice, not only to help save on Inheritance Tax and ensure the Will is legally binding, but also to significantly reduce the likelihood of someone excluded from the Will making a successful claim against it. A large increase in claims against Estates under the Inheritance (Provision for Family and Dependents) Act 1975 has seen close relatives, who may have been excluded from the Will, making successful claims for financial provision against the deceased’s Estate.

Making a Will needn’t be time consuming and can actually be fun to do. Its nominal cost is insignificant in comparison with the cost, expense and distress that can be caused to those left behind when there is no Will, or insufficient thought has been given to whom should benefit in the event of your death.

Emyr Pierce Solicitors’ sensitive staff will talk you through everything and ensure your instructions are clear and exactly what you want.

For an immediate quotation or discuss your concerns with a specialist, please telephone us on 029 20 616002 Monday to Friday 9am to 6pm and on Saturday 10am to 4pm or visit www.emyrpierce.co.uk or email us at law@emyrpierce.co.uk.

Nov 10

Take the stress out of moving

You’ve had an offer accepted on your dream house. Now what? In the first instance you need to instruct a Solicitor who will liaise with the Sellers’ Solicitors to ensure that appropriate searches are carried out, that all enquiries are dealt with, that your mortgage offer is in hand and that the title to your property is in order before you commit to the purchase.

But how do you know who to choose? Here, Emyr Pierce, Managing Partner of Emyr Pierce Solicitors in Rhiwbina, sets out your eight-point guide to appointing your Conveyancing Solicitor.

Get advice early – moving house can be a daunting journey particularly if you are a first time buyer. A firm such as Emyr Pierce Solicitors are happy to listen to your concerns and discuss preliminary issues or queries to help steer you in the right direction and point out potential pitfalls at the very outset.
Speak to your Solicitor first before you do anything else so that you can receive impartial advice and guidance before you commit to any other financial obligations.
Do not necessarily go with your estate agent’s recommendation – particularly if there is commission payable to the agent for such a referral.
Fixed fees — specialist Conveyancing Solicitors, like us, will charge fixed fees. We offer highly competitive quotations and happily provide a detailed breakdown of costs and disbursements at the outset, calculated to the penny, so you can budget accurately and with confidence so there are no “hidden” extras to surprise you at the end of the transaction.
Choose genuine specialists – Solicitors accredited with the Conveyancing Quality Standard (CQS) are experienced specialists in the field of residential conveyancing so that you can be sure that you are being looked after by experts.
Accessibility – choose a Solicitor who is available at times to suit you. We recognise that our clients have busy schedules so our offices are open on Saturdays and later than you would expect on weekdays.
Competent and quality services — our lengthy list of positive client testimonials emphasises the level of our competence and endorses the quality of our services.
Access to other quality professionals — it is equally important to have access to other reputable and respected professionals. We work closely with established specialists in other professional fields in order to provide you with access to a wider range of expertise if required during the house buying process.

Emyr Pierce Solicitors provide a comprehensive range of Conveyancing Services to include, sales, purchases, re-mortgages, deeds of gift, equity releases, transfer of equity and a dedicated auction service.

Nov 8

Lasting Power of Attorney – What is it? Why do you need it?

Appointing a loved one or close friend as your ‘Attorney’ provides them with the legal authority to act on your behalf, whether dealing with your financial affairs or making decisions about your care and welfare.

When an unforeseen accident occurs or your health begins to fail – either physically or mentally – the Attorney is there to step in and pay the bills, collect the pension, ensure you get washed and fed as well as deal with a whole range of other situations.

Whilst it may not be pleasant to think about, none of us know what’s around the corner, and acting now can save a lot of distress and inconvenience if something does happen to you.

Today, so many of us live fast-moving, hard-working, lives, and, as such, we are seeing a lot more people develop health issues which leave many of those affected physically or mentally incapable of carrying out normal everyday tasks.

As long as you are of sound mind and are over 18, you can execute a Lasting Power of Attorney which has to be registered with the Office of the Public Guardian first before it can be validly used.

I would recommend that everyone over the age of 40 should have a Lasting Power of Attorney – just in case the unthinkable happens.

Which type? There are two types and you will need to consider which type of Lasting Power of Attorney you wish to make. A Health and Welfare LPA, as it states, deals with issues involving care and welfare. Tasks can range from taking you to the shops, arranging doctor visits, or arranging for you to move into a care home if you are no longer able to live at home. The second is a Property and Financial Affairs LPA which will authorise your Attorney to pay your bills, manage your bank accounts or possibly sell your home should you be unable to live there any longer and care for yourself.

Who do I Appoint? It is important to take time to decide who you wish to appoint as your Attorney. It could a close friend, family member or a professional, such as a solicitor. You can either choose just one person, or several, whom you think will have your best interests at heart.

Register your Lasting Power of Attorney with the Office of the Public Guardian – This is compulsory before an LPA can be used. Be warned that this whole process can take up to three months, so don’t leave it too late.

At Emyr Pierce Solicitors, our estates and administration team provide a comprehensive range of elderly client services from drawing up lasting powers of attorney, applications to the Office of the Public Guardian for the appointment of a deputy, advice on asset management to minimise inheritance tax and long term care fees and registration of enduring powers of attorney.

Aug 10

Cut in Interest Rates

Interest rates cut after brexit

The Bank of England has cut the benchmark base rate from 0.5% to 0.25% after more than seven years of no change. This is clearly a direct attempt to boost the UK economy in the wake of the ‘Brexit’ vote on 24 June.

There is no question that the immediate effect of the referendum vote has had a dramatic impact on the financial markets and the Bank of England is clearly stepping in now, rather than next month as was originally anticipated, to make this cut.

This is usually an indication that the value of the British Pound, share prices and decision making on the part of potential house purchasers have all taken a substantial hit over the past few weeks.

We have found that particularly in the South East of England buyers have withdrawn from on-going transactions concerned that the fall in the value of the Pound and the adverse impact on financial markets could result in a fall in house prices. With house prices raging ever upwards in London and the South East in particular any drop in prices will have a substantial impact in those areas.

Arguably in Wales, the impact should be somewhat smaller but this does not detract from a general nervousness on the part of purchasers who clearly do not want to pay over the odds for properties which in 12 months’ time could be worth substantially less.

Information coming through indicates that the construction industry have identified a sharp slowdown in production recording its worst month in seven years for June 2016.

What effect of the Brexit vote have we seen locally?

The reality is very little, but the signs are that the nervousness and the inevitable impact by way of falling house prices, will make mortgage companies more cautious, valuers will be cautious when valuing properties for mortgage purposes and potential buyers will be extra cautious in their pursuit of new properties.

One major effect of a reduction in price of property will be the hit to investors who have increasingly been investing in the property market rather than savings due to low interest rates. This further reduction in interest rates will put greater pressure on investors to look elsewhere for a reasonable return on their money resulting in purchasers being available in the market place but unwilling to offer the prices currently being asked, leading sadly to the inevitable fall in house prices which has now been forecast for the coming 12 months.
On the other hand, the news is not all bad as the cost of mortgages will fall for the time being.

Whilst a number of first time buyers have fixed rate products and therefore will not benefit from a further reduction in interest rates, those who have tracker mortgages will gain as the interest rate on their product follow the movements in the Bank Base Rate. Those borrowers looking for new mortgages may find that the fixed rate products offered by the financial institutions will also become more competitive as lower fixed rates may be offered, but again this will depend entirely on the confidence that the banks and building societies may have with regard to future interest rates.

The uncertainty following the ‘Brexit’ vote may well result in the banks and building societies electing to err on the cautious as ever and not pass on the reduction in the Bank Base Rate to new borrowers as they fear that such a short-term incentive on the part of the Bank of England may not prove successful in the long term with interest rates having to rise should the country face greater financial hardship as a result of the vote.

Have a question? Contact the Cardiff conveyancing team >

Jan 26

Cardiff: 029 2061 6002