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April King: Blog

Welcome to April King's blog - here, we'll keep you updated with the latest legal news and developments that affect you. Our blog gives you jargon-free, accessible legal advice on a wide range of topics.

February 6, 2018Testamentary capacity: Banks v Goodfellow test still applies

In the recent case of James v James the Court confirmed that, when deciding whether a person has the necessary mental capacity to make a Will, the criteria set out in the old case of Banks v Goodfellow (1870) must still be applied, despite the fact that newer legislation has come into force dealing with the question of capacity.

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Making a Will

Lasting Powers of Attorney: Am I entitled to a refund?

Those who registered a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) in England and Wales between April 2013 and March 2017 can claim a partial refund of up to £54 together with 0.5% interest.

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LPA / EPA refund

December 18, 2017“Dad could not have known I would be disinherited”

A recent case study highlights the danger of making Mirror Wills which can result in your entire estate passing sideways out of the family to a stranger.

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Disinherited via Mirror Will

December 12, 2017£72,500 ‘social care cap’ to be scrapped

Health minister Jackie Doyle-Price has confirmed that the promised £72,500 cap on social care costs will not be introduced. We look at what you can do.

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November 27, 2017Writing a Will – why a £19.99 Will could cost your loved ones dearly

What you NEED to know before writing a Will and why Wills made using a cheap £19.99 Wills service or DIY service puts your assets at risk.

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Cheap Will

The Dementia Tax: why couples aren’t doing enough

C4’s Dispatches programme demonstrated that Asset Protection Trusts are bad news – we look at the viable alternative which protects your home from care fees

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Dementia tax

November 17, 2017How to avoid the Dementia Tax

Many people are still unaware that if they need care in later life, their assets will be means-tested by the local authority to help pay for these services. This goes back to the Community Care Act 1990, which came into force in 1993.

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Video wills

November 13, 2017Do I need a business LPA (Lasting Power of Attorney)?

If you own a business, what would happen if you lost mental capacity? Do you need a business LPA? This depends on a number of matters.

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Business lasting power of attorney

Is your Letter of Wishes effective?

We look at what a letter of wishes is used for, important points to note & the question of how much weight the letter will have if your Will is challenged.

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Letter of wishes

Do I need a Will and Lasting Power of Attorney?

We answer the question ‘Do I need a Will and LPA?’ by looking at the circumstances where you definitely would need to have a Will / LPA in place.

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Will and lasting power of attorney

November 6, 2017New AI booking system to be implemented

An online appointment booking system will allow existing & prospective clients of law firm April King to choose appointments at their convenience.

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Online booking system for appointments

Carlton Town – in honour of Shelts

Carlton Town Football Club have announced that the Loughborough Dynamo clash on Saturday is to held in honour and memory of Paul Shelton.

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Shelts Shirt - Carlton Town Football Club

Asset Protection Trusts – why you should steer clear

We look at so-called Asset Protection Trusts (also sometimes called Lifetime Trusts or Lifetime Asset Trusts) & why they could be the next big scandal.

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Considering Asset Protection Trusts

October 30, 2017Compulsory mediation: April King speaks to the Law Society Gazette

We look at who mediation is suitable for, how it helps parties stay in control of the outcome & common misconceptions as to who pays legal costs.

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Mediation - legal dispute

October 23, 2017The case of the unsent text message Will

We look at a recent Australian case of an unsent draft text message that was held to be a Will & compare it to current & future English law on valid Wills.

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Text message and informal Wills

October 9, 2017Councils actively pursuing deprivation of assets cases

Councils are actively pursuing those who have deliberately deprived themselves of assets in an attempt to avoid paying their own bill for care.

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House assets

September 26, 2017What happens to inheritance on divorce?

We look at how the courts treat inheritance on divorce, other threats to your child’s inheritance & how you can protect your child’s inheritance.

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Inherited assets - divorce

September 18, 2017A better way to resolve your disputes

Many misunderstand what mediation is about, believing it to mean that they have to give up control over the outcome of their case or compromise on their position. 

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September 4, 2017Jamie takes on the Great North Run

Our Business Analyst Jamie Tewson is taking part in this year’s Great North Run to raise money for Crohn’s and Colitis UK.

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Jamie - Great North Run

August 21, 2017Paul King speaks to the Financial Times about Lasting Powers of Attorney

Paul King TEP spoke to the Financial Times about former Judge Denzil Lush’s comments regarding the risks of making a Lasting Power of Attorney.

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Paul King - Financial Times

Please note that whilst we take every care to ensure the accuracy of the information provided on our blog and across our website, it is not intended as a substitute for legal advice. You should make an appointment to see one of our lawyers or independent solicitors before acting on any of the information on our site. You can find out more in our website terms and conditions.

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