Wills and Probate
Whether you need Wills, Living Wills, Probate, Power of Attorney, Deputyship, Elderly Care and Inheritance. Our friendly team of solicitors will help you with your case.
We aim to provide practical solutions and clear, cost effective advice relating to Wills &Probate. We make every effort to understand the situation and minimise the stress in dealing with these important matters.
We pride ourselves on our understanding and dedicated team of solicitors. We always aim to give you the most professional service possible and provide continued support and helpful advice throughout the process.
We can help you to make the correct provisions for yourWill, ensuring everything and everyone is covered in your Will meaning that all your wishes will be carried out after your passing. We can provide you with sound advice regarding Inheritance Tax and discuss ways in which you can minimising your tax liabilities. We will then ensure that you fully understand what we have drawn up, arrange the signing of your Will and retain it for safe-keeping. We ensure you receive the very best legal advice tailored to your situation.
There are a number of things to consider when making a Will, such as:
- Appointing executors to be responsible for administering your estate
- Funeral wishes
- Guardians for minor children
- Specific gifts such as jewellery or paintings
- Cash sums
- Will the rest of your estate be held on trust for particular beneficiaries or will it pass to them outright?
- What happens if a particular beneficiary predeceases you?
It may be a good idea to have a think about these things before beginning the process of creating your will. We can talk through and advise you with each of these concerns.
Living Wills, or Advance Directives, are usually concerned with medical discretion and they give you the freedom to define medical care issues that you feel strongly about.
This means that in the unfortunate event of a terminal illness where you might be incapable of communicating your wishes, your Living Will would be able to state your preferences in cases such as turning life support machines off.
Living Wills are subject to much debate as patients’ wishes can sometimes conflict with those in the medical profession.
Probate is the legal method of administering the estate of the deceased by resolving all claims and dividing the assets to the beneficiaries.
In some cases, an application for Probate might not be necessary, depending on the type and value of the assets in the estate. Contacts us to discuss your circumstances with us and we can advise and assist you with what is best for your situation.
Whether you are preparing for the loved ones you might leave behind or left to deal with a recently deceased partner or parent’s estate, there are many legal issues to think about regarding inheritance.
You may also face issues of will contesting or disputes between inheritors – we can assist you along the way with any issues you might face and help to make the process as smooth as possible.c
Power of Attorney
Managing your affairs in later life can become more difficult so it is wise to nominate someone whom you trust to look after your affairs, should the time come when you become mentally or physically incapacitated.
A Lasting Power of Attorney (LPA) enables you to choose who you would like to manage your property, financial and general affairs should you become unable to do so yourself, and gives that person the measure of power that you define. Your choice of attorney can be altered at any time, but comes into play either when you choose or when your mental health declines.
LPAs can extend beyond dealing with your financial affairs to personal welfare matters and decisions, if you so wish. You will also be able to place restrictions on what exactly your attorney can deal with, such as property or restricting medical decisions. You can give them power to decide on issues such as where you will live and what care and medical treatment you will receive. They may also give or refuse consent to carrying out or continuing particular medical treatment according to your wishes, although they cannot act if you are still capable of making those decisions for yourself.
An important thing to remember when organising a Lasting Power of Attorney is that they must be registered with the Office of the Public Guardian before the LPA comes into effect.
We can offer you advice on your choice of attorney or joint attorneys, the appropriate level of authority or amount of power, restrictions you would like to impose and the duties of attorneys.
Deputyship Solicitors are needed when a loved one loses the ability to make their own decisions regarding their finances and welfare and they have not organised a Lasting Power of Attorney (LPA) Deed; you may face issues when it comes to obtaining access to finances and property on their behalf.
When care home fees need to be paid, utility bills need to be discharged, decisions regarding a sale of a property need to be made, for example, it can be important to gain the authority to deal with these issues as soon as possible.
In order to gain this authority, you will need to apply for Deputyship at the Court of Protection. This means that you are asking the court to make an order giving you authority to make financial and welfare decisions a loved one has lost the ability to make for themselves.
The process can take a few months and may be the only way to get matters moving so important decisions can be made and issues resolved. We can assist you along every step of the way, delivering a very efficient and effective service.
Our special Elderly Care Solicitors service ensures that the day-to-day worries of pension receipts and bill payments, for example, are taken care of. We ensure that longer term financial, and other, decisions are taken with full consultation and the very best professional advice and assistance.
Contact us to discuss your circumstances and we can assist you with any queries you might have.