Wills & Probate

Probate

This is commonly used to describe the process involved in administering the estate of someone who has died. The responsibility for this rests with the person appointed under the Will, known as an executor or where there is no Will, by someone called an administrator, usually the next of kin.

An application must be made to the Court for a Grant of Probate or where there is no will, a Grant of Letters Administration. Unless the estate is a very small one, only then can assets be transferred, sold or collected in. Debts and liabilities must be ascertained and paid before the estate is distributed to those entitled. We are able to calculate the extent of any inheritance tax liability and arrange payment. All this administration often involves a lot of paperwork which we are familiar with. We are willing to advise executors and/or the next of kin and so reduce the burden carried by those involved at a time of grief and loss.

Lasting Powers of Attorney

From 1st October 2007 it has not be possible to create an Enduring Power of Attorney. Instead, there are two types of Lasting Power of Attorney (LPA) which allows you to plan ahead. Firstly, there is a Property and Affairs Lasting Power of Attorney by which you choose one or more people to make decisions on your behalf in respect of your property and financial affairs. Secondly, a Personal Welfare Lasting Power of Attorney enables you to choose one or more people to make decisions on your behalf in respect of your personal healthcare and welfare but only when you have lost the capacity to make such decisions yourself because for example you are unconscious or suffering from dementia.

When considering whether you should create Lasting Powers of Attorney, please bear in mind that it can only be done whilst you are capable of understanding such a document. It is no good waiting until the time comes for when it is needed as you may have lost capacity by that time. In addition, Lasting Powers of Attorney cannot be used by the attorney until they have been registered. For further advice or information, please contact us or ask for one of our free leaflets.

Court of Protection

Where a person in unable to deal with their own affairs and unable to make decisions in relation to their financial affairs or their personal welfare, then we are able to assist you in making an application for someone to be appointed as that person's Deputy. The application is made to the Court of Protection which has been set up by the government to supervise those who look after another's affairs and make decisions on their behalf. The Court is also able to approve the making of a Will on behalf of the person suffering from incapacity if necessary. We are able to deal with such applications on your behalf and act as the Deputy if necessary.