When a person dies without making a Will, his or her assets pass according to a strict legal order governed by the Rules of Intestacy. Consequently, there is no control over who are to be the recipients of the estate, which can cause emotional and financial turmoil for loved ones. Making a Will ensures that the people and charities who you want to benefit from your estate will do so.
This depends on whether you have a partner/spouse and whether they have parental responsibility. For a married couple it is usually the surviving spouse. In the event of both you and your partner/spouse dying at the same time, you can appoint a guardian in your Will to look after your children.
No, it is not mandatory, but always advisable.
The benefits of using a solicitor are:
Yes. If your circumstances have changed and/or you believe that a specific term in your Will is no longer applicable, then it is possible to amend it by creating a Codicil. This is an important legal document and it is advisable to always consult a solicitor when you wish to amend your Will.
Much depends on your requirements but often solicitors will retain your original Will. Alternatively your bank may agree to keep this for you, but at Curry Popeck we will not only store your Will, free of charge, but we will also, if you require, register it with the Certainty National Registry of Wills so that in the event of your death, the person administering your estate will be able to locate it.
A Lasting Power of Attorney (LPA) is a legal document giving a person or persons (the attorney) the power to make decisions on someone else’s behalf when they lack the mental capacity to do so themselves.
Anyone aged 18 or over can make a LPA but you must make it as an individual; two or more people cannot make a joint LPA. A solicitor will be able to advise on the best options available.
Yes. There is one that covers property and financial affairs which allows for bills to be paid, bank correspondence to be dealt with, the collection of benefits and even house sale, and one that deals with health and welfare whereby decisions affecting your medical treatment, care and medication can be made.
Much depends on your personal needs but often spouses or a close family member are appointed. Where an individual does not have any family members, a Trust corporation can be appointed. It is even possible to appoint more than one attorney or a substitute attorney. The advice of a solicitor should always be sought in these instances.
This depends on whether or not you have restricted their powers. Irrespective of this, the Mental Capacity Act and Code of Practice are designed to provide protection for people who are unable to make decisions for themselves.
If you would like us to prepare your Will or LPA, simply call or email us and we would be happy to discuss your requirements in a friendly and professional manner.