Wills, Probate and Advising the Elderly Spring Update 2026

Key Subjects

• Estate Planning and Will Drafting – Current Issues
• Tax and Trust Update
• Older Client Update Spring
• Problems with Administration of Estates
• IHT on Pensions
• Lasting Powers of Attorney: Gifts, Maintenance and Tax Planning

Speakers

Professor Lesley King, Professional Development Consultant, University of Law

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer

John Bunker, Solicitor, Chartered Tax Advisor and Lecturer

Conference Programme

9.30am Chairman’s Introduction

Estate Planning and Will Drafting – Current Issues

• Lifetime planning and the need for cash or realisable assets to pay IHT
• Existing wills – the need to review
• Spousal by-pass trusts?
• Use of exemptions

Professor Lesley King, Professional Development Consultant, University of Law

Tax and Trust Update

This session will explore the latest issues for trusts and tax planning, to include:

• Mansion tax and the extra 2% income tax charge on savings, property and dividends; exploring the tax changes in the Nov 2025 Budget, planning opportunities open to clients, and specific provisions for the mansion tax for trusts and other ownership arrangements
• Update on IHT planning for APR & BPR, and IHT planning through wills, with the newly increased £2.5m 100% allowance, including how this can be allocated by will etc.
• RNRB: how IHT on pensions will affect RNRB claims, and relevant planning to help mitigate the loss
• TRS update: the new exclusions from the need to register Express Trusts, due in early 2026

John Bunker, Solicitor, Chartered Tax Adviser and Lecturer

Older Client Update Spring

This session will review changes in practice and procedure and evolving case law relating to lasting powers, deputyship orders, mental capacity and health and social care

• Consultation on MCA Code of Practice
• Digital LPAs
• New digital process for trustee applications when a trustee has lost mental capacity
• Capacity case law
• Latest Ombudsman decisions on paying for care

 Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer

Problems with Administration of Estates

• Impact of lifetime gifts
• Removing PRs
  • The process
  • Alternatives
  • Managing conflicts of interests
• Low income estates
  • HMRC complaints
• The latest on implications of Mazur judgment
• Costs and Larke v Nugus requests

Professor Lesley King, Professional Development Consultant, University of Law

IHT on Pensions

Managing the huge new risks for probate work, in acting for or being PRs, even after the helpful concessions make the task of PRs less impossible. This talk will explore the changes needed both for practice and in estate planning, ahead of the new law taking effect in 2027 and will look at:

• Probate: how firms need to gear up/adapt; developing processes re sharing info and completing the IHT 400; paying IHT, instalment options and interest on o/s tax
• How PRs should use their power to direct pension scheme administrators (PSAs) to retain 50% of pensions for 15 months
• Next steps where estates are still running after 15 months; and holding back some estate until clearance
• The effect of PSAs appointing to beneficiaries, the options for paying IHT, including liability of pension beneficiaries & refunding PRs
• Liaising with PSAs & FPs re appointing benefits, and using IHT spouse and charity exemptions -including the 10% lower rate of IHT
• Briefly, the interaction of 40% IHT & Income tax up to 45% including potential repayments of the 40%
• What it means for estates with different or the same beneficiaries; the costs & interest burden, and for appointing Executors
• Estate planning: steps to help clients ahead of these major changes to pensions

John Bunker, Solicitor, Chartered Tax Adviser and Lecturer

Lasting Powers of Attorney: Gifts, Maintenance and Tax Planning

Many attorneys do not realise they may need authority from the Court of Protection before they make gifts, maintain others or invest in tax planning products.  This session will consider:

• When is it reasonable to make a gift under s.12 MCA
• The limits of making gifts
• The de minimus exception
• When is maintenance not a gift?
• When does investing in a tax planning product need court approval
• Preliminary considerations
• Evidence in support and the court’s approach

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer

5.00pm Close of Proceedings