Wills, LPAs & ProbateWills We deal with a wide range of Wills to suit particular circumstances. Whilst for some a simple Will is sufficient, other clients may wish to use their Will as a vehicle to benefit their family in more subtle and indirect ways. One example of this is the Lifestyle Will which we have developed. This enables our clients to protect their assets after death against the impact of such things as Inheritance Tax, nursing home fees, bankruptcy or divorce. This protection is achieved via a carefully blended combination of different types of Trust which are specifically written with these objectives in mind. Another example is an arrangement known as an Advance Directive, or Living Will. Such Will enables an individual of sound mind to make arrangements to refuse specified medical treatment, at such time in the future when he or she may have lost the competence to make such a decision. Although it is not possible to require a doctor to take any active step which would cause death, it is possible to refuse certain types of treatment in advance. For reasons why you should make a Will, click here. Lasting Power of Attorney This is a legal document through which legal authority can be delegated by an individual to an Attorney. If decisions which need to be made are related to the individual’s property or financial affairs, a Property and Affairs LPA is required. It is possible to impose conditions or restrictions on an Attorney, appoint one or more Attorneys and name a replacement Attorney if the first choice is unable to act. A Personal Welfare LPA enables responsibility to be delegated for making healthcare or personal welfare decisions, including decisions about accommodation and day to day care and contact. Authority can be delegated to the Attorney to make a decision to consent to or refuse, medical treatment on behalf of the individual. Personal Welfare decisions can only be made on behalf of an individual if he or she no longer has the capacity to make those decisions and if the Personal Welfare LPA has been registered with the Office of the Public Guardian. LPAs convey significant power and authority to the Attorney and it is therefore important to ensure that the appointed Attorney is trustworthy and reliable. In addition the Attorney must be able to assume a role that can at times extremely challenging. The Mental Capacity Act 2005 which introduced LPAs also contains certain safeguards. These include the provision of a Certificate Provider who will confirm that the document is properly understood, a registration process with the Office of the Public Guardian, and provision for selected people to be notified that an LPA has been made. We will draw up the LPA, act as your Certificate Provider and register the LPA with the Office of the Public Guardian. We also provide ongoing assistance and support to you and your Attorney. For further details about LPAs and their advantages, click here. Probate and Administration The period following the death of a relative is a difficult time for anyone. We offer a sensitive yet practical service, helping to deal with the legal challenges that such an event presents. When administering estates, we combine our specialist knowledge and years of experience with an understanding and considerate approach. We are able to advise on every aspect of funeral arrangements, registration of the death and dealing with HM Coroner, ascertaining beneficial entitlements, dealing with insolvent estates and dealing with different types of Grant of Probate. We make arrangements to continue the deceased’s business and, once the Grant has been obtained, we assist in collecting in assets, paying liabilities, transferring assets and dealing with all tax considerations arising. At the conclusion of the administration we produce a comprehensive set of accounts setting out exactly what comprised the estate and how it has been administered. For further information or advice please contact: Nigel Harding tel: 01372 729555 Adrian O'Loughlin tel: 01483 565771 |