Wills, Probate and Powers of Attorney

Why make a Will?

• To ensure that your money and possessions pass to the people you choose
• To protect a partner who does not have the same legal rights as a spouse or civil partner
• To reduce or even avoid Inheritance Tax for those who are to benefit from your estate
• To reduce the possible liability for a surviving beneficiary who may need to pay for residential accommodation
• To protect the inheritance due to children from previous relationships or marriages
• To avoid family disputes
• To appoint guardians to care for infant children

Probate and Estate Administration

You will need advice following the death of a relative or friend on how to go about managing their affairs. If there is a Will, as an executor you will need to obtain the Grant of Probate enabling you to deal with the distribution of assets.

You may need to:

• Cash in or transfer money or investments
• Invest money on behalf of children
• Administer a trust set up by the Will

Alternatively, if there is no Will, you will need to know:

• Who is entitled to receive the deceased person’s money and possessions
• Who can (and how to) apply for a Grant of Letters of Administration, enabling the distribution of assets
• The best way to cash in or transfer assets or invest money on behalf of any children

We can provide you with a sympathetic ear and the specialist knowledge to help you through such difficult times.

Powers of Attorney

It may be that you are an attorney under an Enduring Power of Attorney or you may require further information regarding Lasting Powers of Attorney and Court of Protection. We can offer advice and carry out work on your behalf in the following areas. Home Visits by Arrangement.

Registering Enduring Powers of Attorney

Attorneys under an Enduring Power of Attorney are required by law to register an Enduring Power of Attorney with the Office of the Public Guardian if the person who has created the Enduring Power of Attorney has become mentally incapable of managing their own financial affairs.

Lasting Powers of Attorney

There are two separate types of Lasting Powers of Attorney:

• Property and Affairs
• Personal Welfare

By choosing to create either or both types of Lasting Powers of Attorney you can appoint someone you trust to manage your finances and/or make decisions concerning your medical care.

Court of Protection

If someone loses mental capacity and does not have either a valid Enduring Power of Attorney or a Lasting Power of Attorney in place then an application will have to be made to the Court. A relative can apply to be appointed as Deputy to give  them legal authority to deal with the person’s financial affairs or personal welfare matters.

Whatever your circumstances, contact our friendly professional team. We look forward to hearing from you. Home visits by arrangement.