Wills, Probate and Lasting Powers of Attorney

Why make a Will?

You need a Will if you wish to control the destiny of the property you leave behind when you die. If you leave no Will, and so die intestate, the Government has a set of rules which inflexibly apply.

Your choice is likely to be the better choice so that you can look after those who helped you, and make the winding up of your estate as easy as possible.

Lasting Powers of Attorney

The best time to plan for the future is when you are at the peak of your powers and not, if it is the case, when you are frail, losing your mental agility, and facing difficult decisions. You need an arrangement to implement your wishes and this is where we can help.

A Lasting Power of Attorney can be made to appoint people you would like to deal with your financial affairs and/or decisions about your health and welfare should you lose your mental capacity in the future.

Court of Protection

The Court of Protection makes decisions for people who have lost mental capacity and do not have a Lasting Power of Attorney. These decisions can involve:

  • appointing a Deputy to look after the affairs of a person
  • consider applications to make a statutory Will for someone without capacity
  • make decisions under the Mental Capacity Act about when someone can be deprived of their liberty
  • remove existing attorneys or deputies

Probate

This is the term commonly used for the administration of an estate of a person who has died. A Grant of Probate (or Letters of Administration if there is no Will) may be required in order to sell, cash in or transfer assets. This is the document giving legal authority to those named on it to administer the estate and distribute the assets to the beneficiaries.

Trusts

A trust can be used for a variety of purposes including estate planning, asset protection, provision for young or disabled beneficiaries, charitable purposes and many more. You decide what assets you would like to place into a trust, the type of trust and who you would like the beneficiaries and trustees to be.

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