Quinn Legal

Isle Of Man Advocates

Make an enquiry Call +44 1624 665522 Click here to call us
  • For you
    • Probate
      • Dealing With an Isle of Man Estate
      • Estate Administration
      • Applying For Probate
      • Probate Outside Isle of Man
    • Property
      • Buy To Let
      • Buying A Home
      • Matrimonial/Partnership Transfers
      • Probate Sales/Transfers
      • Register Land/Property
      • Relocation
      • Remortgaging
      • Selling Your Home
      • Transfer of Equity Isle of Man
    • Wills
      • Our Wills service
      • Create your Online Will
      • Quinn Legal Client Platform
      • Contest A Will
      • Defending an Isle of Man Will
      • Could you be entitled to a free will?
      • Isle of Man Trusts
      • Isle of Man Wealth Management
      • Powers Of Attorney
  • For your business
    • Commercial
      • Commercial contracts
      • Digital Currency
      • Mergers and Acquisitions
    • Commercial Property
    • Corporate
      • Corporate Advice
      • Legal opinion
    • Employment Law
    • Regulatory and Compliance
      • Financial Services Regulation
  • About
    • Who We Are
    • Team
    • Why Choose Us
    • Our Client Service Pledge
    • Due Diligence
    • Careers at Quinn Legal
    • Pay Your Invoice Online
  • Reviews
  • Contact
  • Knowledge Hub
    • Corporate & Commercial
    • Property
    • Wills & Probate
    • Blog
  • Free Enquiry

We’re the Wills & Probate Firm of the Year!

We’re delighted to announce that we have been awarded ‘Wills & Probate Firm of the Year 2022 – Isle of Man’ by Acquisition International, one of the world’s most prestigious business magazines.

 

We were awarded the title thanks to our diverse areas of expertise, our can-do attitude and our revolutionary packages we offer our Wills clients, including the Quinn Legal Platform and our Manx online wills service – MyWill.

 

Empathy and Understanding

An excerpt from our award citation reads:

“The Quinn Legal spirit stems from the shared values of empathy and understanding that underpin their service. This is a perfect approach from a firm that assists in sensitive parts of a person’s life and how things will be dealt with when it ends.”

 

A Testament to Tireless Work

Our Head of Wills and Probate, Patrick Swanney, said:

“I’m over the moon that Acquisition International have recognised Quinn Legal as the Wills & Probate Firm of the Year. Our main aim is to offer proactive care to all of our clients and to see our range of packages providing meaningful change in peoples lives is incredibly rewarding. This award is a testament to the tireless work everyone in the team puts in, we can’t wait to bring our clients an even more amazing offering of service in 2023.”

 

Start Your Will

Talk to Our Wills Team

Second Marriage and Inheritance

If you are in, or planning to enter into, a second marriage it is essential that you write a new will as soon as you marry. It is even more important if you have children from your first marriage that you want to leave a legacy to.

But why is it so important? And what will happen if you don’t write a will? In this article we break down the most common questions around second marriages and wills!

 

But I already have a will?

It might surprise you to find out that remarriage nullifies any existing will that you have put in place. The more complicated family arrangement means that a new will should be high on your list of priorities after you remarry.

If you do not create a new will, the intestacy laws can have serious implications for your blended family, including the shared inheritance of property.

 

What rights does my new spouse have?

Under the intestacy laws your new spouse could potentially inherit everything you own, depending on the value of your estate.

If your second spouse outlives you, children from your first marriage could ultimately end up inheriting nothing. If your second spouse inherits your entire estate, it will pass to their children upon their death, not yours.

 

How do I ensure both my children and spouse are looked after?

Many people find the best way is to create a trust for their children, allowing their spouse use of the assets during their own lifetime whilst still ensuring that their children receive the assets after their spouse dies.

 

What about our shared assets?

If you own you home with your spouse, it may be an idea for it to be owned as tenants in common rather than joint tenants. If you own it as tenants in common you can each leave your share to whoever you wish, most commonly held in trust until both partners have died. If you own the house as joint tenants the property will automatically pass to your partner upon your death, meaning children from a previous relationship may not ultimately inherit anything.

 

Contact our Isle of Man Wills Advocates

If you would like to speak to one of our expert Wills lawyers in the Isle of Man, call us on 01624 665522 or email us: hello@quinnlegal.im.

Alternatively, you can fill out our online questionnaire and we will contact you.

Do You Need Probate To Sell A House On The Isle Of Man?

If you are dealing with the estate of someone who has died, you may need to obtain a Grant of Probate or, if they did not leave a Will, a Grant of Letters of Administration. This is the document that gives legal authority to the deceased’s personal representatives so that they can finalise their affairs.

In some instances, where the estate is small, it may be possible to wind up an estate without probate, but if the deceased held bank accounts on the Isle of Man it is probable that the bank in question will ask to see a grant of probate before they will close the account.

If the deceased owned a property, then a grant will be essential if the property is to be sold.

What happens to a property when someone dies

When someone dies and leaves a property in their estate, it may need to be sold or transferred.
If the property was jointly owned, then what happens next depends on the type of joint ownership.

Joint tenants

If a property is held by more than one person as joint tenants, then if one of them dies the property automatically becomes wholly owned by the other joint tenant or tenants. A copy of the death certificate can be sent to the Land Registry who will update their records.

This means that property that is owned as joint tenants cannot be left to anyone else in a Will.
A grant of probate is not necessary as ownership by the remaining joint tenant or tenants is automatic, although it may still be required to deal with the other assets in the estate.

Tenants in common

If property is held jointly by the owners as tenants in common, then it will pass under the terms of the Will of the person who has died or, if they did not leave a Will, in accordance with the Rules of Intestacy.

For more information about who will inherit in this case, see our article What are the consequences of dying without a Will?

In this case, a grant will generally be necessary to deal with the transfer or sale of the property as it will form part of their estate and will usually mean that the value of the estate is high enough that probate or letters of administration are needed. Only small estates, usually valued at less than £5,000, will not need a grant for their administration.

Selling a property after someone dies

If the property will form part of someone’s estate after they die and it needs to be sold, a Grant of Probate or Grant of Letters of Administration will be needed.

If you are responsible for the winding up of the estate, you will need to apply to the Isle of Man Probate Office for the grant. You can go ahead and put the property on the market in the meantime, but you should make sure that the estate agent and potential buyers know that you will not be able to complete the sale until the grant has been issued. Provided the forms are completed correctly and the right fee is included, you can expect to receive a grant of probate in around four weeks.

Probate granted in another jurisdiction cannot be used to deal with Isle of Man assets.

Dealing with probate on the Isle of Man

If you have been given the task of administering an estate after someone’s death and you need assistance with obtaining a Grant of Probate or selling a property, we will be happy to help.

We have experience across all types of estate administration, including complex and high-value estates. We also have one of the largest and most experienced property teams on the Isle of Man.

Contact us

If you would like to speak to one of our expert probate lawyers or property lawyers contact us today.

For a no obligation initial consultation or to make an initial free enquiry, please call our team on 01624 665522, email us at email us: hello@quinnlegal.im or fill in our online enquiry form.

 

Which takes priority, an Enduring Power of Attorney or an Advance Decision?

Both an Enduring Power of Attorney and an Advance Decision are important documents to put in place for a well-planned future. Together with a Will, they not only ensure that your affairs will be dealt with in the way that you wish, but that your loved ones will understand what you wanted when the time comes.
Both an Enduring Power of Attorney and an Advance Decision can be used in the event that you become unable to make your own decisions.

Enduring Power of Attorney

An Enduring Power of Attorney gives legal power to your choice of trusted representative so that they can make financial decisions on your behalf.

If you should lose the ability to manage your affairs, it could be very difficult for your family to deal with bills and other administrative tasks if they do not have the necessary authority. They would need to apply to the court to have a receiver appointed to deal with your affairs and in the interim it could mean that nothing can be paid for on your behalf.

If you appoint an attorney, you can choose who you would like to deal with your finances. In the event that you cannot manage matters yourself, they can register the Enduring Power of Attorney with the court so that they can act for you.

Advance Decision

An Advance Decision records your decision to decline certain medical treatment, should you want to, in the event that you become unable to communicate your wishes.

It can help both your loved ones and your doctors to know what you would like to happen with respect to your medical care.

You can specify in an Advance Decision if you wish to decline treatment such as artificial feeding and hydration, heart resuscitation, antibiotics and being put on a ventilator. You cannot ask to end your life or refuse general care or oral food and drink. Nor can you nominate someone to make medical decisions on your behalf.

If you decide to make an Advance Decision, it can help to discuss this with your doctor, and you should also make sure that they have a copy of the document once it has been executed so that it can be kept with your medical records.

Complete peace of mind

Putting an Enduring Power of Attorney and an Advance Decision in place can give you the peace of mind of knowing that your wishes will be put into effect on your behalf, should you ever become unable to express them yourself.

It can also provide comfort to your loved ones to know what you would like to happen. It also reduces the risk of misunderstandings or disagreements between family members over what they think should be done on your behalf.

As well as putting the documents in place, you should ideally discuss them with your relatives so that they know what your plans are and that there are legal safeguards in place to back these up.

It is also advisable to draw up a Will so that you can be sure that your estate will be dealt with in the way that you would like and that your loved ones will benefit from your estate.

Contact us

At Quinn Legal we are offering a package service, which includes a Will, an Enduring Power of Attorney and an Advance Decision.

We have a new client platform to help you put these three important documents in place, or please feel free to call us to discuss your needs and to raise any queries.

For a no obligation initial consultation or to make an initial free enquiry, please call our team on 01624 665522, email us at email us: hello@quinnlegal.im or fill in our online enquiry form.

Mental health and the law on the Isle of Man

Those suffering from mental health issues may often struggle to source reliable help and advice when it comes to finding out their rights and putting in place a strategy for the future. We take a look at how individuals and their families can manage their affairs when mental capacity is lost.

An increase in mental health problems

Isle of Man mental health services have reported an increase in users over the past consecutive five years. In 2019 the figure stood at 800, up 129 from the previous year. The police have reported mental health problems as being one of the main three issues for the Island’s force. In 2018 the number of cases involving a mental health aspect was almost a quarter higher than for the previous year.

The government is in consultation with the public over new mental capacity laws, due to come into force in the Capacity Bill 2021, which aims to safeguard those who are unable to make their own decisions about their health, welfare and finances.

Mental health capacity

For those unable to manage their own affairs, their relatives may make an application to the court to have a Receiver appointed under the terms of the Mental Health Act 1998. Details of how to apply are available from the Isle of Man Courts of Justice.

The Receiver will be able to deal with the individual’s health and welfare needs as well as managing their finances on their behalf.

Appointing a representative

Applying to become a Receiver can be time-consuming and complex and involves ongoing commitment to providing reports on actions taken on behalf of the person whose affairs are being managed.

It is simpler if an individual can make an Enduring Power of Attorney while they still have the ability to act on their own behalf. This is a legal document appointing a trusted person of their choice to act on their behalf in the event that they lose the capacity to do so themselves.

The document can be executed well in advance of any loss of mental capacity and in fact may never be needed. But by putting it in place before mental capacity becomes an issue, both the individual concerned and their family have the peace of mind of knowing that the Attorney can step in if needed.

If the Attorney believes that the person has become mentally incapable to manage their own affairs, they must apply to the court to register the Enduring Power of Attorney document. This will need to be accompanied by a medical certificate stating that capacity has been lost. The donor and their relatives will be notified of the application.

Executing an Enduring Power of Attorney

It is advisable to have an Enduring Power of Attorney form prepared by an independent legal adviser who will ensure the document is properly drafted and who will be able to explain in detail the implications of signing it as well as the procedure to be followed once it has been executed.

At Quinn Legal we have experience of acting for those suffering from mental health difficulties and their families. We take great care to always act in the best interests of our clients and to ensure their rights are observed at all times.

Get In Touch Today

At Quinn Legal we help our clients from day one.

For a no obligation initial consultation or to make an initial free enquiry, please feel free to ring us on 01624 665522 or email us: hello@quinnlegal.im.

Alternatively, you can Make An Online Enquiry and one of our team will be in touch with you as soon as possible.

Thanks again for all the help and going above and beyond. It is very much appreciated.

  • 1
  • 2
  • 3
  • Next Page »
Make An Enquiry>>
Why Choose Us?
  • Specialist Isle Of Man Advocates
  • Friendly, approachable lawyers
  • We strive to deliver a “Wow” service to our clients.

 

Read More>>

Client Reviews

Newsletter Sign Up

Keep me up to date with the latest legal insights and news from Quinn Legal:

Insights

  • Why January is a Great Time to Sell Your Home

    Categories: Property

  • Why January is a Great Time to Buy a Home

    Categories: Property

  • We’re the Wills & Probate Firm of the Year!

    Categories: Estate Planning, Quinn Legal news

Need help?

Contact one of our experienced Isle of Man lawyers direct:

Quinn Legal
30 Ridgeway Street
Douglas
Isle of Man
IM1 1EL
Great Britain

Call +44 1624 665522

Click here to make an enquiry



  • Testimonials
  • Terms & Conditions
  • Privacy Policy
  • Cookie Policy
© 2023 Quinn Legal
Quinn Legal