Depend on us at a difficult time to assist you with a wide range of circumstances, from dealing with a simple estate to highly complex situations.
Lasting Powers of Attorney
Court of Protection
Wills & Inheritance Tax Planning
Trusts
Probate – What happens when I die
Glossary
A Power of Attorney is a legal document in which a person gives another person (the Attorney) authority to make certain decisions on his or her behalf. Since 1st October 2007, you can make a new type of Power of Attorney called a "Lasting Power of Attorney" (LPA) of which there are two types:
Your Attorney
As with any Power of Attorney, you should choose carefully, making sure they have the skills to manage your affairs. If you appoint more than one, they can act together or independently depending on your requirements, and you can appoint them to act together for some issues and separately for others. You may also choose a successor in case the first named Attorney cannot act for you for any reason.
When can the Attorney act?
They will only be able to act when you and they have signed the LPA. The LPA will also need the signature of a "Certificate Provider" – their role, amongst others, is to confirm you understand the scope of the LPA. The LPA must then be registered with the Office of the Public Guardian before it can be used.
Enduring Powers of Attorney
Any enduring power made before 1st October 2007, can only be used in respect of property and affairs. If you wish to give authority over health or welfare you will need to make a Personal Welfare LPA.
What happens if you have not made an LPA or EPA?
If someone lacks the capacity to make decisions it may be necessary to make an application to the Court of Protection appointing a Deputy to make decisions on your behalf. This is much less straightforward than an LPA, which is why we always recommend making an LPA while you're able to as the best option.
As people get older it can become a burden to look after property and financial affairs. If someone loses their capacity to do this without a Power of Attorney in place, an application will need to be made to the Court of Protection to appoint a Deputy to make decisions on their behalf.
This is a time-consuming process when circumstances can be overwhelming. We have a team of lawyers experienced in providing support and assistance when you need it most, ranging from simply making the application for a Deputyship through to acting as Deputy.
Wills & inheritance tax planning
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Making a Will ensures your wishes are carried out. Our professional advice will give you the peace of mind that those you care about will be provided for in accordance with your instructions.
It is a common misconception that if you die without leaving a Will, your spouse or Civil Partner will routinely receive your entire estate. If you die without a Will and are not married or have not entered into a Civil Partnership, your partner will not automatically inherit. Many people are also unaware that if you die without leaving a Will and do not have any family, your entire estate will pass to the Crown. By leaving a Will you can choose what happens. It's worth reviewing your Will regularly to take account of changing circumstances; getting married or entering into a Civil Partnership automatically cancels your Will.
Our team can advise you how to tailor your Will to minimise or even avoid Inheritance Tax. We aim to make the whole process as uncomplicated as possible whilst maximising your tax savings.
Whether advising on the creation, drafting and setting up of Trusts or taking over and running Trusts, our team can provide a full service to Trustees ensuring it is run in accordance with legal requirements.
Probate - what happens when I die?
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It's often a difficult time when a close family member or friend dies, and acting as the Personal Representative (Executor) can be complicated. We provide a fully tailored service to help you, which includes:
We pride ourselves on being as transparent and open as possible when explaining fees so you'll know the likely cost before proceeding.
For more help and impartial advice call us on Stafford 01785 603060 or Rugeley 01889 803080. Alternatively, email our Wills, Trust & Probate specialists at:
privateclient@pb4law.com
