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<copyright>Copyright &#169; 2012 Lanyon Bowdler Solicitors</copyright>
<pubDate>Sun, 05 Feb 2012 08:07:37 +0000</pubDate>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<item>
<title><![CDATA[New Year, New Will - Is It At The Top Of Your Resolution List?]]></title>
<link>http://blog.lblaw.co.uk/new-year-new-will-is-it-at-the-top-of-your-resolution-list-354/</link>
<description><![CDATA[
New Year  new plans, and with them, the best of intentions, which do not always come to fruition.  However, certain resolutions are worth sticking to, and for those people who have not yet made a Will, it should be at the top of the resolution list!
It is estimated that around 50% of people die without a Will, which puts both their finances and their families at risk.  Many people do not realise that if they die without leaving a Will, it is likely that their money will go to the Crown.
The law as it currently stands does not recognise partners even if they have been living together for many years.  However, if you do make a Will, you will be able to include partners, friends, charities and even pets, and have full control over matters such as funeral arrangements.  
Although it is a topic which many people dont wish to dwell on, and many think they do not currently need, it is essential to protect your assets, and the future of your family.  It is also vitally important to make sure that your Will is properly drawn up.  A badly drafted Will, or one which is incorrectly executed, can have dire consequences.  
If you think about it, making a Will should be one of the most important legal transactions that you enter into in your life  right up there with a house purchase and mortgage.  However, too few of us have a Will or keep it regularly under review.  My view is that, not having a Will runs an unnecessary risk.  If you have a family, I think that risk is not just unnecessary, it is unjustifiable.  Do not put it off.  Make that resolution.]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Fri, 30 Dec 2011 09:05:33 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/new-year-new-will-is-it-at-the-top-of-your-resolution-list-354/</guid>
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<title><![CDATA[Elizabeth Taylor's Will Dispute]]></title>
<link>http://blog.lblaw.co.uk/elizabeth-taylors-will-dispute-295/</link>
<description><![CDATA[
I hear that a dispute has arisen over a share of the multi million pound estate left by the late silver screen legend Elizabeth Taylor. Apparently, the Hollywood icon left 50,000 of her estate to a former husband in order to provide for his care in his current state of ill health.  However his two sisters are arguing over which of them should be appointed as his guardian and thus have control of his financial and legal affairs. My first reaction to this news was: which former husband?. Its a good job she had a few million in the bank. Otherwise, if she left a legacy of 50,000 to each of her ex-husbands, there might be little left for her other beneficiaries!More seriously, however, it seems the dispute follows much wrangling and arguing amongst her family, prior to her death, about her succession. It therefore highlights the vital importance of each of us having a valid will in place to provide legally enforceable directions at a time when we can no longer speak for ourselves.At the same time as creating a will, it is also a good idea to have a professionally drafted Lasting Power of Attorney. This document allows you to appoint one or more individuals to handle your property, finances and welfare matters if you no longer have the capacity to do so yourself. It will not come into effect until it has been registered with the Court of Protection.  
]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Wed, 01 Jun 2011 14:19:06 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/elizabeth-taylors-will-dispute-295/</guid>
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<title><![CDATA[What About my Internet Accounts when I Die?]]></title>
<link>http://blog.lblaw.co.uk/what-about-my-internet-accounts-when-i-die-278/</link>
<description><![CDATA[
At some point yesterday whilst I was driving from one appointment to another  or it may even have been on the way home, I heard someone talking about internet accounts and what happens to them when you die.  Well it got me thinking, most of us must have a few; I have stacks - from Facebook to Twitter, sites to upload photographs such as Flickr and even a You Tube account.  Much of the information is probably dull and of little interest to my next of kin, but things such as photographs, videos and even blogs, may hold cherished memories.  I wonder how many of us have even thought about such things when we consider updating (or making), our will.What about eBay?  Supposing you are in the process of selling/buying things  someone will need to be able to gain access pretty quickly.I asked Edward Rees, partner and head of the private client department at Lanyon Bowdler for his thoughts.  He said we're actually working on an information sheet for people to keep with their will and to lodge with us, on this we will ask them to make a note of internet accounts and passwords, so that nearest and dearest can make sure such accounts are closed down.  Edward mentioned that officially it would be the Executors responsibility to close any internet accounts, but in reality unless someone keeps a list of where they have accounts and the passwords (even down to the details internet email accounts such as Hotmail), how would the Executor know where to start?  Food for thought  I do keep a record of all such accounts and passwords, partly because I can never remember what Im signed up to and certainly because I can never remember the passwords!  
]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Thu, 31 Mar 2011 15:52:50 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/what-about-my-internet-accounts-when-i-die-278/</guid>
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<title><![CDATA[BBC2 Takes on Wills with 'Can't Take it With You']]></title>
<link>http://blog.lblaw.co.uk/bbc2-takes-on-wills-with-cant-take-it-with-you-259/</link>
<description><![CDATA[They do say that today will be the most depressing day of 2011.  Apparently, the lack of sunlight, amount of post-Christmas debt and the length of time until January pay day all combine to make this the most miserable Monday of the year!  If thats the case, the whole weekend must have been something of a downer!Would most of us, therefore, have chosen a Friday night discussion about death and wills to perk us up?  The BBC certainly thought so as they gave over their Friday night BBC2 9.00pm slot to just such a programme: Cant Take It with You.This was presented by Sir Gerry Robinson, the guru who has already lent his considerable experience to turning businesses round on television.  Now he focuses his attention on families and their wills.This is a massive challenge.  As he makes clear in his preamble to the programme, around 70% of people die without leaving a Will.  Given that 30% of us do not appear to be interested in Wills, how is he going to make us all sit down and discuss them with our nearest and dearest? Well have to see how the ratings pan out to find out just how popular this series will be.  There is clearly a general interest in this kind of thing  witness the popularity of the BBCs Heir Hunters.  Sir Gerry has cannily pinpointed our general reluctance to think about and to discuss our deaths, how we leave our estates in good order and efficiently benefit our loved ones.  His mantra is: grasp the nettle and start working on the problem as soon as possible.  Is Sir Gerry the right person to present a series about this?  For example, why did the BBC not ask me?!  Well, Sir Gerry knows better than most how important any successful business persons exit strategy is.  He is rightly applying the same criteria to how we exit our lives.  I think most people would favour his style on lifetime exit strategy over the Youre Fired approach of Alan Sugar!The footage that I have seen so far includes round table meetings of family members, some high emotion, one or two snapped tempers and the odd patriarch expressing the view that its his money and hell do what he likes with it.It might make good television.  However, whether such important decisions are best made and communicated at highly charged family summits, I am not entirely convinced.  Nevertheless, I am sure that it pays dividends to plan these issues carefully, get a professionally drafted Will in place and keep it under review.  They used to talk about the medical concept of having a good death.  Perhaps we should now talk about having a well-planned and dignified succession. ]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Mon, 17 Jan 2011 14:22:05 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/bbc2-takes-on-wills-with-cant-take-it-with-you-259/</guid>
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<title><![CDATA[The Risks Involved in Acting as an Executor of a Will]]></title>
<link>http://blog.lblaw.co.uk/the-risks-involved-in-acting-as-an-executor-of-a-will-224/</link>
<description><![CDATA[Executors have many duties.  If they cannot carry these out correctly, because they do not appreciate their scope, they may be personally liable at considerable cost. Executors who cause loss to estates are liable to beneficiaries for depleting assets.  Lay Executors may unwittingly make mistakes when winding up an estate, and beneficiaries may thereby suffer loss. Executors liability is not limited to the distribution of assets to beneficiaries.  For example, the deceased may have been a tenant of premises.  An Executor would be responsible for payment of future rents.Executors are responsible for completing self-assessment tax returns during the administration of the estate, and for payment of assessed tax. Executors may be personally liable to creditors of a bankrupt beneficiary, if they pay the beneficiary direct and cannot recover it from him.Executors must keep accurate accounts of their dealings with an estate, and beneficiaries are entitled to inspect them.What if there is a creditor of the estate but the Executor is unaware of their existence?  Publishing statutory notices will usually protect Executors.What if executors omit beneficiaries from distribution because they are not aware of their existence or whereabouts?  Insurance or protection from the Court may be available to Executors in this difficult position.It is complicated and its best for executors to involve expert solicitors to administer the estate.  Alternatively, appoint your solicitors as executors when you prepare your Will.]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Thu, 29 Jul 2010 11:23:46 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/the-risks-involved-in-acting-as-an-executor-of-a-will-224/</guid>
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<title><![CDATA[Our Views on Unregulated Will Writers]]></title>
<link>http://blog.lblaw.co.uk/our-views-on-unregulated-will-writers-176/</link>
<description><![CDATA[There has recently been quite a bit of bad press surrounding unregulated will writers. For example, The Law Society Gazette revealed some rather alarming statistics at the end of January which included statements such as  67% of consumers wrongly believe that all will writers are solicitors.  Plus  a survey of more than 1,000 people revealed 82% assumed that training and qualifications are required before someone can become a will writer. Of course, the Gazette is the trade rag of solicitors. As a consequence, you might think: they would say that wouldnt they. Well, it seems that its not just the Solicitors who are concerned about will writers. On 2 February, the www.timesonline.co.uk reported how a retired civil servant was going to the High Court in a test case, over the fees charged to bereaved relatives by one particular will writing firm based in South London, claiming their charges were excessively high.  As ever I know nothing about this area of law, and so I sought the expert knowledge of my colleagues in the private client department  partner Edward Rees and solicitor Lucy Scott.Edwards initial reaction is: Of course we welcome the competition of honest, reliable and professional will writers. Many provide an excellent service and this should be recognised.  However, he goes on to say the trouble is that the will writing industry (outside of that carried out by Solicitors) is unregulated.  This means, in the event they make a mistake or something goes wrong, there may not be appropriate protection in place. Contrast this with Solicitors. We are tightly regulated and have to ensure that adequate protection is in place.Furthermore, as Lucy points out, will writers often sell their services by way of a menu of choices  ie, you start off with a basic product and are asked to add on extras. Costs can soon escalate and consumers may find that what initially looked to be a pretty reasonable expense ends up being rather more costly than the service that would have been provided by a qualified expert in a regulated firm of solicitors.Edward touches on another point consumers should be careful about if you are using a will writer, take care not to join some pay as you go scheme such as excessive annual charges for holding your will.  His final comment is if consumers are not certain about what they are signing up for, do give us a call  we are more than happy to offer some quick simple advice over the phone.]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Wed, 10 Feb 2010 14:46:46 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/our-views-on-unregulated-will-writers-176/</guid>
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<title><![CDATA[Life of a Trainee Solicitor at Lanyon Bowdler]]></title>
<link>http://blog.lblaw.co.uk/life-of-a-trainee-solicitor-at-lanyon-bowdler-174/</link>
<description><![CDATA[Despite the fact it only seems like yesterday that I was entering, with dread, the conference room at Telford for a final grilling from Garry Richards, John Merry & Lisa Grimmett to gain a position as a trainee at LB, I am now entering my fourth and final seat.  This worries me for two reasons first, I cannot believe how quickly time has passed and second and by far the most  worrying, I am due to qualify as a solicitor in a little over 6 months time!!!My journey started in the Personal Injury department where I had a fascinating insight into the world of a PI lawyer.  Luckily I timed it just right as there was a lot of activity on a number of big cases during my 6 months.  I went to a trial, a three day inquest, a couple of settlement meetings, numerous conferences with Counsel in particular one with a very eloquent QC and a contested costs hearing which showed me the importance of accurate time recording and attendance notes.  I also learnt how to use apostrophes properly and believe I am a dab hand now!I spent my second seat in the Private Client department.  This was a seat that I had always wanted to do and so was really looking forward to it  and it did not disappoint!  I was given tasks such as drafting Wills & Trust documents and updating Trust accounts.  I also had a crash course in using Excel spreadsheets and since I am a bit of a technophobe this was a challenge.  After many assurances that I couldnt delete/ruin/re-write the precedents that had been carefully created I think I learnt to embrace them with less trepidation than I started with, I even use them for my hockey accounts now!  For my third seat I chose Property.  I became suspicious a week before I was due to start when people came up to me saying, apropos of nothing, dont worry, youll be fine, sometimes getting thrown in at the deep end is a good thing!.  What could this mean, I wondered?  A week later, I found out!  I can certainly say my first two months in property, more specifically residential property, were a baptism of fire!  However what I can also say is the responsibility of ensuring the sale and purchase of someones home went through smoothly was a career-enhancing experience.  It was somewhat of a relief though to hear after two months that I would be moving to the Commercial and General property department, dealing with plot sales three days a week and assisting on other matters the remaining two.  Despite my initial thoughts that I was not going to enjoy property, this has been my favourite seat so far and I have decided it is the area of law that I would like to qualify into  not such great timing given the economic situation at present I know!Being a trainee at LB has lived up to all my expectations (and more, I didnt know it was a pre-requisite that LB trainees must sign up to the LB netball team!)  it really is a great place to undertake your legal training.  I have found everyone to be approachable and helpful and am impressed at the level of expertise and attention to detail that all the Partners Ive trained with demonstrate, it really is something to aspire to in the future.  Trainees are given proper work to do and real responsibility so we get to know what it truly is like to be a solicitor meaning I will be fully equipped to qualify in September.  Although my current supervising Partner did exclaim the other afternoon trainees are not what they used to be! on seeing my attempt at photocopying an extract of a rather large Land Registry plan which ended up as a tiny plan crammed  into the top left hand corner of the page!  Better brush up on my photocopying skills before I get admitted to the roll!So, the fact that the past couple of years have flown by is perhaps a true indication of what it is like to be a trainee at LB, after all as the saying goes time flies when youre having fun!]]></description>
<category><![CDATA[Lanyon Bowdler News]]></category>
<pubDate>Mon, 08 Feb 2010 10:38:40 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/life-of-a-trainee-solicitor-at-lanyon-bowdler-174/</guid>
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<title><![CDATA[Archie Mitchell's Will - What's it All About?]]></title>
<link>http://blog.lblaw.co.uk/archie-mitchells-will-whats-it-all-about-169/</link>
<description><![CDATA[
Everyone knows Im a bit of a TV addict, but I try not to get sucked into the soaps  far easier said than done! 
They are always full of drama, twists and trauma  EastEnders probably has the edge on pure misery, but it can still make entertaining viewing. 
The long drawn out saga surrounding Archie Mitchell continues to drag on  finally hes dead and despite the hunt for the murderer (or was it even murder?), there is a bit more mileage from the story line yet, as last night saw the reading of Archie's Will, and the question on everyone's lips had to be - who will get The Vic?  Needless to say the doof doofs kicked in right at the point when we would learn whod receive the residue of his estate - stocks and shares - 3m (how much!??) and the precious Queen Vic! 
But wait  didnt we hear a few episodes ago that Glenda (Ronnie & Roxys mum) may not technically be divorced from Archie?  Glenda apparently deserted Archie (due to his unreasonable behaviour), but assuming divorce proceedings were not commenced until 2 years after the desertion, and there is evidence that divorce papers were served on Glenda (if necessary by way of an Enquiry Agent), then the divorce will be deemed legal. 
So what else?  Janine, Peggy, Ronnie, Roxy, Billy  not to mention Roxys baby Amy who has just inherited 100k  will they feel they receive what they were entitled to?  Can they do anything about it if they dont?   
Over to my legal expert Edward Rees, who says: 
I am not a regular viewer of this popular tale of family strife so missed last nights episode.  I will now have to watch on the iPlayer as I understand that Billy Mitchell (a character I do recall from my days as a follower of the series), carried out the Will reading.  In 10 years of practice, I have never once actually attended a formal Will reading and definitely not one carried out by the likes of Billy in a pub! 
In the meantime, the circumstances read like the most complicated legal exam question you could ever be set! 
Firstly, it seems that Archie, as well as being a bit of a villain, is also a High Net Worth individual.  If his estate is worth 3m this means that Inheritance Tax (IHT) is going to be an issue.  The first 325k will pass free of IHT.  There may be reliefs and exemptions that might apply to all or part of the rest of the estate. 
Archie was clearly a man of business (whether of the shady variety or not).  Therefore there may be some Business Property relief to mitigate IHT on business assets. 
If there is a 100k legacy trust for baby Amy, that will use up at least around 1/3 of Archies IHT nil rate band.  The easiest way for IHT to be extinguished on the balance of the estate would be for Archie to pass the residue (including the stocks, shares and the Queen Vic) to Peggy.  It would then qualify for the IHT spouse exemption.  The unused part of the nil rate band might then also be used as transferable nil rate band on Peggys own death.  However, as I write, I cant quite recall how many times Peggy has been widowed already.  So this option might not be available! 
Of course, if Archie was (on top of his other sins) a bigamist and not actually married to Peggy, there would be no spouse exemption available for any gift to Peggy.  But perhaps he has left it all to Glenda?  
Whoever Archie was married to, he could have used the spouse exemption but not actually left assets outright to his wife.  In other words he could have left assets into a revocable life interest trust for the benefit of his surviving spouse.  The IHT spouse exemption would be preserved but, after a decent period, the trustees of the trust (who would have complete control over the capital in the trust) could appoint the capital out to other beneficiaries.  It might appear somewhat caddish to some but I hope hes done something stylish along these lines.  However, given that he appears to be married to two ladies, he may not have got the best legal advice either when he got his divorce or did his Will! 
In any sorry tale such as this, there are bound to be disappointed beneficiaries and this is EastEnders so expect some sort of challenge to the Will or claim against the estate. 
Here are some possibilities: 
Glenda: under the Inheritance (Provision for Families and Dependants) Act 1975 shell have a right to bring a claim for reasonable financial provision if she is not provided for and is still married to Archie. 
Ditto for Peggy if still married.  If not, possibly she might scrape through as a co-habitee.  However, Im not sure whether they were estranged and, if so, for how long. 
Ronnie and Roxy appear to be Archies children.  So again, if they are not provide for they may bring a claim under the same Act. 
Maybe Archie prepared and executed the Will himself?  If so, has it been properly executed?  Given the evidence of his matrimonial status, this is a possibility.  If so, the Will could be challenged.  Perhaps the Will is invalid.  Therefore a lot (but not all  because surviving spouse would not inherit all of a 3m estate) would turn on whether he was married to Peggy or Glenda. 
Any of these challengers could do worse that speak to my colleague, Claire Vale, a specialist in such contentious probate matters. 
Finally, I note that there may have been a murder.  If any beneficiary of the Will murdered Archie, they will be disqualified from inheriting.  That would definitely happen in Agatha Christie.  I dont know what the Enders form is on this score. 
Well, there's some food for thought!  Thank you Edward  no doubt we will have to do an update after this evenings episode.]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Fri, 15 Jan 2010 18:22:03 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/archie-mitchells-will-whats-it-all-about-169/</guid>
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<title><![CDATA[BBC1's The One Show Makes Me Think About LPAs]]></title>
<link>http://blog.lblaw.co.uk/bbc1s-the-one-show-makes-me-think-about-lpas-168/</link>
<description><![CDATA[
I dont seem to have time to manage my domestic life  simple tasks such as getting dry cleaning to the cleaners, booking my car for its MOT, or hunting out the best insurance deals are hard enough to do, and so the chances of me finding time to visit my lawyer to discuss Lasting Powers of Attorney (LPA) is way down the list of day to day priorities (and I work for a law firm!).   
But after a busy day at work I found myself catching part of BBC1s The One Show on Monday evening and it made me think.  Once again they were talking about LPAs, highlighting the plight of a woman whose husband was left in a coma for 3 years as a result of an accident.  With no EPA (Enduring Power of Attorney) or LPA in place, she was left with a battle in order to take control of the family's finances  the whole process sounded fraught and complicated, with numerous applications being made to the Court of Protection.   
The show also highlighted that the court is still seeing high levels of complaints and in December the President of the Court of Protection Sir Mark Potter announced he was setting up an ad hoc committee to review the Court's rules once again.
So on Tuesday morning I was straight on the phone to partner and head of private client - Edward Rees.  What did he think about all of this?
He commented Service levels from the Court and the Office of the Public Guardian (OPG) for the first year or so after the introduction of the new Mental Capacity Act in October 2007 were abysmal.  Whilst things are still tricky, my experience is that service is, without doubt, better.  I think the gradual improvements, are largely down to the efforts of the new Public Guardian, Martin John.  He is young, very dynamic and genuinely wants to deliver improvement and innovation.  One of his first changes was to relocate the OPGs offices from central London to Birmingham  intended to provide a better pool of labour at reduced cost.  Unfortunately there cant be a quick fix, but I believe Martin is the man to drive the changes forward. 
I asked Edward whether he and his team always raise the importance of LPAs with clients  particularly those coming in to discuss the drafting of Wills.
We certainly do, but these additional documents are not cheap to put in place.  The Law Society are looking at ways to promote their importance, but as you discussed at the top of this blog, day to day priorities often push Wills and LPAs way down the list of things to do.
So Edward, how can we encourage people to consider LPAs?
I guess its just a question of reinforcing the point and being creative about how we get the message out.  For example, 12 months ago I didnt know what Twitter was  now Im blogging and tweeting away with the best of them!  
Of course, when traumatic events touch our personal lives it makes us think, and such circumstances can make us take action.  In the meantime, Ill continue to stress to clients they consider LPAs and, as ever, look at ways of offering the best possible service at the most competitive rates.
As a result of the power of Twitter and our existing relationship with BBC Radio Shropshire, Edward was invited onto the Breakfast Show this morning (Wednesday 13 January 2010).  You can listen to what Edward had to say for the next 7 days by going to Eric Smiths show on BBC Radio Shropshires iPlayer.
Finally Edward wrote an interesting Blog on the Impacts of Lasting Powers of Attorney back in November  click on the Lasting Powers of Attorney tag below to take you the blog.]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Wed, 13 Jan 2010 15:59:11 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/bbc1s-the-one-show-makes-me-think-about-lpas-168/</guid>
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<title><![CDATA[My New Year's Resolution - Update my Will]]></title>
<link>http://blog.lblaw.co.uk/my-new-years-resolution-update-my-will-165/</link>
<description><![CDATA[
How many New Years resolutions do you make?  More to the point, how quickly do you realise you have failed to keep any of them?
I rarely make them  whats the point, I know Ill forget what Im meant to be doing and break them.  What I try to do is simply decide to make a few changes  less pressure I suppose, and.as I havent tagged these small changes with the dreaded New Year Resolution, no one is going to say anything if I fail to achieve them!
But this year I am making a New Year Resolution  I simply must update my Will.  
Telegraph.co.uk recently published results of a survey prepared by Unbiased.co.uk, which suggests only 41% of people have made a Will by the time they are 59!  The main reason for not making a Will was that people just hadnt got around to doing it.  Well I suppose that s similar to my situation, but with me  I have a Will but Im not sure it now reflects my current wishes.
I have even less of an excuse because I work for Lanyon Bowdler Solicitors  and as you might expect we have a team of nice, friendly, helpful individuals who would happily sort my affairs out.  And whilst I realise the cost can be off putting for many  I am told a fairly simple Will can cost in the region of 160 plus VAT, so surely its worth it.
So I now have an reminder entry in my Outlook diary on 11 January (Im really busy the first week back!), to book an appointment with our lovely Lucy Scott.]]></description>
<category><![CDATA[Private Client ]]></category>
<pubDate>Wed, 30 Dec 2009 10:42:22 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/my-new-years-resolution-update-my-will-165/</guid>
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