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  • Writer: Ziggurat Realestatecorp
    Ziggurat Realestatecorp
  • Nov 15
  • 4 min read

UK Cost of living is making relatives impatient for their money.


Trillions of pounds are expected to be passed down through families over the next 30 years in a “great wealth transfer”.


However, as households are squeezed by rising prices, increasing numbers of older people are being pestered to hand over money by impatient “entitled” relatives. But this pressure to give up their assets can amount to financial abuse, campaigners warn. “This is not just a growing trend but an epidemic,” said Richard Robinson of Hourglass, a charity that campaigns against the abuse of older people.


This type of financial abuse is distinct from fraud or scams because it is not perpetrated by strangers, but a trusted person in the victim’s life. More than half of perpetrators are an adult child of the victim, according to research by Hourglass, and 81 per cent are a family member.


Older people are being manipulated to hand over cash to family members struggling with the cost of living.

“This is a massively underplayed issue in all walks of society, something we’ve been calling for urgent governmental action on for many years,” Robinson said. The charity supports 75,000 victims a year, up from about 4,000 in 2018.


Vicky Reynal, a money psychotherapist, said a common reason for “inheritance impatience” is a sense of entitlement to the victim’s estate. “The economic climate we live in is creating a lot of tension,” she said. “Handouts from parents are seen as increasingly necessary, and inheritance seems too far down the line to make much of a difference.”


Housing and tax pressures


Many families are seeking early access to inheritances to get on the property ladder. The average house price in the UK has more than tripled from £84,000 in 2000 to £293,000 today, according to the Office for National Statistics.


As a result, 57 per cent of renters believe that buying a home is impossible without family help, Barclays found. Rising tax pressures also drive demands for family handouts. The inheritance tax-free threshold will be frozen at £325,000 until at least 2030, and pension savings will be included in estates from April 2027.


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This will mean many more estates facing a 40 per cent tax bill. And the seven-year rule, which exempts from inheritance tax gifts of money, provided the donor lives for seven years after making the gift, adds a sense of urgency. Now family members are pushing to receive sums sooner.


The Institute for Fiscal Studies estimates that almost all of the £17 billion gifted or lent by pensioners each year is given to their adult children. While most of this money is given freely and lovingly, some pensioners may be coerced into giving it away earlier than planned, often through emotional manipulation.


“We’re definitely seeing people with more of a sense of entitlement or ownership of their future inheritance, as opposed to anything they might receive as a boon or a gift,” said Stuart Downey from TWM Solicitors, based in the southeast. Reynal described how she has seen clients struggle to refuse their children’s demands for money.


Some children even use threats such as cutting them off from their grandchildren or no longer visiting if the money is withheld. Many victims fear they will be sent into a care home against their will. Downey said he has seen many clients’ families place their elderly relative in a far cheaper care home than they could afford, to save their inheritance.


This is known as “inheritance preservation”, where family members block pensioners from spending their money in the hope of taking it themselves.


Taking advantage


Callers to the Hourglass helpline have suffered financial losses of more than £53 million in the past three years. But in reality this figure is probably much higher, because only 14 per cent of callers disclosed the amount they had given away.


Robinson said that many older people were reluctant to report how much they had lost. They didn’t consider transferring money to family members as abuse and didn’t recognize that they may have been manipulated.


The attitudes of both victim and perpetrator are a big obstacle to the prevention of this type of abuse. In England 25 per cent of people do not believe that taking items from an older relative’s home without asking is a form of abuse, according to a survey of more than 2,000 people conducted by YouGov for Hourglass.


And 26 per cent of respondents did not believe that using power of attorney over an older relative for personal financial gain was abuse, nor that family members trying to change the wills of older relatives was a form of abuse.


At the same time, many victims do not want to see, or perhaps admit, that a family member may be taking advantage of them. “Most people don’t believe they’re being abused,” Robinson said. “They trust and love those people, who are their family and are there to look after them. They believe that if they call them out as abusers, they’ll lose that support.”


How can people protect themselves?


Reynal said families must learn to speak openly about finances and inheritance, and added that for those passing down an estate, “it’s important to be clear about why you’re doing what you’re doing”.


Family members should also try to empathise with their older relatives. “Step into the shoes of the parents to empathise with the impact of those demands being made,” she said. Older people can create a lasting power of attorney while they have mental capacity.


This gives someone the authority to manage their finances if they become unable to do so. It is recommended to seek professional guidance before making any decisions.


While there are some tools that can be used to help protect finances, such as bank account controls, Robinson said: “People are craving inheritance like there’s no tomorrow, and the safeguards are simply not there.” 


Source: The Times

 
 
 
  • Writer: Ziggurat Realestatecorp
    Ziggurat Realestatecorp
  • Jul 26
  • 2 min read

When planning for the future, many couples naturally consider the idea of simplifying things—including their wills. One common question that arises is: “Can we execute a joint will?” The short answer is: it depends on your country’s laws, but in most places, joint wills are possible but generally discouraged. Let’s explore why.


What Is a Joint Will?


A joint will is a single legal document created by two or more people, typically spouses or partners, outlining how their assets will be distributed after both of them pass away. It usually states that when one person dies, the surviving partner inherits everything, and when the second person passes, the assets go to the designated beneficiaries (like children or relatives).


Are Joint Wills Legal?


In many countries, including the Philippines, the United States, and the UK, joint wills are generally discouraged and sometimes even considered invalid, depending on how they're structured. Instead, what is more commonly allowed is a mutual will or mirror wills, where each partner creates a separate will with identical terms.

For example:

  • Philippines: Joint wills are not valid under Philippine law. Article 818 of the Civil Code specifically prohibits joint wills, even if executed abroad by Filipinos.

  • United States: Some states allow joint wills but courts often discourage them due to potential complications.

  • United Kingdom: Joint wills are technically allowed but rarely used in modern practice due to legal and practical downsides.


Why Are Joint Wills Discouraged?


Lack of Flexibility

Once one partner dies, a joint will usually cannot be changed—even if circumstances change, like remarriage, estrangement from beneficiaries, or new grandchildren.

Legal Complications

If poorly drafted, joint wills can lead to court battles, misunderstandings, and disputes among surviving family members.

Better Alternatives Exist

Most estate lawyers recommend creating mirror wills or mutual wills, which are separate documents but can reflect the same intentions. These are more flexible, legally sound, and easier to amend if needed.


What’s the Best Option?


  • Mirror Wills: Each partner creates a separate will leaving everything to the other, then to agreed beneficiaries.

  • Mutual Wills (with contract): Legally binding wills that cannot be changed after one partner dies, but with clearer enforceability than joint wills.

  • Living Trusts: In some cases, a trust may offer more flexibility and privacy for asset distribution.


Final Thoughts


While the idea of a joint will sounds simple and romantic—“one will for both of us”—the reality is that it can lead to more problems than solutions. In most jurisdictions, joint wills are either invalid, problematic, or outdated in modern estate planning.


💡 Tip: Always consult with a qualified estate lawyer familiar with the laws of your country or region. They can help you create a legally sound and flexible estate plan that honors your wishes without unnecessary risks.


 
 
 
  • Writer: Ziggurat Realestatecorp
    Ziggurat Realestatecorp
  • Jun 16
  • 2 min read

Article 1079 of the New Civil Code of the Philippines provides for the meaning of partition, which states that:


"Art. 1079. Partition, in general, is the separation, division and assignment of a thing held in common among those to whom it may belong. The thing itself may be divided, or its value."


"Every act which is intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a partition. Partition may be inferred from circumstances sufficiently strong to support the presumption. Thus, after a long possession in severalty, a deed of partition may be presumed." (Spouses Marcos v. Heirs of Bangi, GR 185745, Oct. 15, 2014, penned by Associate Justice Bienvenido Reyes)

In the case of Espinas-Lanuza v. Luna, Jr., GR 229775, March 11, 2019, penned by Associate Justice Jose Reyes Jr., it is stated that:


"An oral partition by the heirs is valid if no creditors are affected. Even the requirement of a written memorandum under the statute of frauds does not apply considering that such a transaction is not a conveyance of property resulting in change of ownership but merely a designation and segregation of that part which belongs to each heir."


Citing an earlier case, the high court explained in Espinas-Lanuza v. Luna that:

"On general principle, independent and in spite of the statute of frauds, courts of equity have enforced oral partition when it has been completely or partly performed.


"Regardless of whether a parol* partition or agreement to partition is valid and enforceable at law, equity will in proper cases, where the parol partition has actually been consummated by the taking of possession in severalty and the exercise of ownership by the parties of the respective portions set off to each, recognize and enforce such parol partition and the rights of the parties thereunder.


Thus, it has been held or stated in a number of cases involving an oral partition under which the parties went into possession, exercised acts of ownership, or otherwise partly performed the partition agreement, that equity will confirm such partition and in a proper case decree title in accordance with the possession in severalty."


In many families, the issue of property inheritance often causes confusion and conflict, especially when the division of property is not formalized through a written agreement.


For an oral partition to be valid, it must be made with the consent of all the heirs. The oral partition is considered valid if the heirs have already taken possession of their respective shares in the property. If the heirs physically possess their designated portions, this can serve as proof of their agreement to the oral partition.


*Parol partitions are oral agreements between co-tenants to informally partition land.


Source: Manila Times

 
 
 

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