Protecting your wishes
Our specialist Wills & Probate department offers a wide range of services for all sizes of estate and family circumstances. By making a Will, you can ensure that your assets are distributed according to your wishes, rather than intestacy rules, offering your family security and peace of mind. When requested, we will conduct home visits for elderly clients.
Wills & Probate Services
Wills
Once it is made, we will provide storage and safekeeping of your Will free of charge. But we do not file and forget. We recommend regular re-evaluation of the Will to take account of changes in circumstances in life, shifts in priorities and new family members. Our re-evaluation and redrafting service will ensure your Will remains current.
Inheritance tax planning
Inheritance tax can cost loved ones thousands of pounds in the event of your death, yet it is possible to reduce the liability or even pay none at all.
We keep constantly up to date with the latest inheritance tax allowances and will provide tailored advice on the most tax efficient way to plan for your particular estate.
Probate & Estate Administration
Our comprehensive legal services together with our sensitive handling of your case will guide you to the correct course of action during this difficult time. We deal with every size of estate and cover all administrative matters whether there is a Will or not.
Our duties can include:-
- Registering the death and arranging the funeral (if you wish)
- Establishing who is entitled as a beneficiary of your estate and distributing it to them
- Obtaining a grant of probate/letters of administration
- Identifying the assets and administering them until they can be sold or transferred
- Dealing with tax returns, liabilities and paying debts
- Providing comprehensive estate accounts on completion of the estate administration
Elderly Client Practice & Personal Affairs
Planning for the future and making arrangements for oneself in later life can all seem a rather daunting business. We have many elderly clients whom we help in this way. Above all, it gives you peace of mind that your affairs are in good order.
As life gets more complicated, more of us require assistance just to keep up with our financial affairs, let alone understand the tax implications of any future plans we have. We all know we need to plan for the future, but at times it can seem a daunting task.
You may have an elderly relative who you are worried about and would welcome some advice about what to do for the best.
We have a team of experienced solicitors dealing with:
- Lasting powers of attorney
- Living wills
- Wills
- Court of Protection – Deputyship
- Attendance allowance applications
- Looking after people’s finances
- Payment of residential home fees
- General elderly client advice
We can arrange to see you or your relative at home if you or they cannot get into the office. Our staff understand how to deal with someone who may be a little confused or nervous, and we are experienced at putting people at their ease in what can be a worrying situation for them.
Lasting Powers of Attorney
In October 2007 the Mental Capacity Act 2005 brought in Lasting Powers of Attorney (LPAs) which replaced the old Enduring Powers of Attorney. By making a LPA now, you can arrange to avoid leaving problems for those who would care for your affairs if you cannot do so.
While you are able to decide what should happen you can grant an LPA to one or more people, together or separately, who you trust to take your affairs on board (your Attorney(s)”). Doing this is usually less expensive and less complicated than making an application to the Court of Protection.
There are two types of LPA that you can make:
- A Property and Affairs LPA gives Attorneys the power to operate bank accounts, make investment decisions, sign tax returns and buy and sell property. The Attorneys are not permitted to make gifts (other than those usually made by you), sign your Will or act for you as a trustee or executor.
- A Personal Welfare LPA gives Attorneys the power to decide on issues such as where you will live, your care and medical treatment. Your Attorneys cannot make decisions in any area where you have the mental capacity to make the decision yourself.
Deputyship – Court of Protection
If a relative of friend of yours becomes mentally incapable of managing their own affairs and they do not have a Lasting Power of Attorney (or enduring power of attorney if before October 2007) it will be necessary to appoint a Deputy for them.
A Deputy is a person who undertakes with the Court of Protection to administer the financial affairs of the patient (your relative or friend who has lost capacity).
This is a very stressful time for the relatives of the patient who may not be in good health themselves.
We can assist you in making an application to become a Deputy. We will listen carefully to you and explain how a deputyship operates. We will explain the duties and responsibilities of the Deputy and how to ensure that the Court procedures can help and benefit both the patient and the Deputy