Here are just some of the services we can provide:  

WILLS

Reasons for making a Will - it is estimated that about 70 per cent of people die without having made a Will. 

When a person dies and there is no valid Will the deceased person’s property will be distributed under the intestacy rules and if he or she left certain relatives such as issue (that is children, grandchildren, etc.) or parents then the surviving spouse or civil partner would share the property with them and not take everything. This means that on death, your property will not necessarily pass to the people you would have chosen and this may cause them financial problems.

We advise you to consider making a Will, rather than leaving the question of inheritance to be determined by the intestacy rules which apply in a general and impersonal way.

A Will allows you to:    

• decide who will inherit your property on your death; 
• ensures that the people you do not want to inherit your property do not do so under the intestacy rules; 
• permits you to make provision for your family and dependants; 
• provide for asset protection in connection with children from a previous marriage or relationship; 
• select your own executors and trustees; 
• incorporate additional powers for the executors and trustees to assist with the administration of your estate. For example where the property includes a business which needs to be managed or sold or in connection with young   children; 
• appoint a guardian if you have young children; and 
• there may be inheritance tax advantages to be gained. 

Please contact us to make a valid and effective Will which disposes of the whole of your property in favour of the people you have chosen and in the manner you have chosen with asset protection if required. 

LASTING POWERS OF ATTORNEY 

If you suffered an accident, stroke or other illness and became mentally incapable of managing your property and affairs this would bring difficulties and may cause financial problems for your spouse or civil partner and family.

The Court of Protection has jurisdiction of the property and affairs of any person who is incapable, by reason of  mental disorder, of managing his or her property and affairs. The Court, however, has no direct jurisdiction over where and how the patient is treated.

The Court exercises its jurisdiction through the making of orders to deal with a specific matter or through delegating general management powers to a deputy. Applications to appoint a deputy are made to the Court.Where the Court of Protection becomes involved its jurisdiction can be perceived as being impersonal, bureaucratic and expensive.

We can deal with applications to the Court of Protection to appoint a deputy and for interim orders to sell property.

The need to involve the Court of Protection would be avoided if you had created an Enduring Power of Attorney which is a document whereby you (the donor) gave another person (an attorney) power to act on your behalf in his or her name in regard to your property and financial affairs and which remains valid notwithstanding your subsequent incapacity to manage your own property and affairs. An Enduring Power of Attorney survives the incapacity of the donor provided it is registered with the Court of Protection.

We can deal with applications to the Court of Protection to register an Enduring Power of Attorney.

From the 1^st October 2007 it has not been possible to make an Enduring Power of Attorney. Those Enduring Powers of Attorney effectively created before this date will be considered to be valid. After this date only Lasting Power of Attorney may be created. There are two Lasting Powers of Attorney, a Property and Affairs Lasting Power of Attorney which replaces the Enduring Power of Attorney and a Personal Welfare Lasting Power of Attorney dealing with personal welfare decisions, e.g. where the donor should live, the donor’s day to day care, consenting to or refusing medical treatment on the donor’s behalf. They differ to an Enduring Power of Attorney in that they have to be registered at the Office of the Public Guardian before they can be used by the attorney appointed.

Please contact us to make a valid and effective Lasting Power of Attorney and registration with the Office of the Public Guardian to avoid the possibility of the involvement and expense of the Court of Protection. 

Please get in touch with us for more details.