WILLS AND PROBATE

Here at Fentimans, we have helped thousands of people take the first steps in writing their Wills. There may come a time when your incapable of managing your legal positions, so you might need someone to have power of attorney.

Many of us do not make a will before we die. This can lead to unintended consequences and loved ones missing out on their inheritance. This is due to the fact that if you do not specifically state who is to benefit when you die, the law will decide for you. Below is a table demonstrating the order of inheritance if you die without making a will. You will notice that in the main, it is blood relatives who benefit, the exception being a lawfully wedded spouse. Partners who are not married do not inherit under the rules, nor do children of such partners unless they are also children of the deceased. Persons who are dependants of the deceased at the time of death can make a claim against the estate under the provisions of The Inheritance (Provision for Family and Dependants) Act 1975 but that will involve an application to the court and a judge will decide what, if any provision is to be made.

So why leave it to chance!!! There is no need to leave your dependants with a mess to sort out at a time when they are least able to deal with it. Making a will is usually a straightforward process and the cost is extremely reasonable when one considers the alternative.

Remember - marriage automatically cancels a will and divorce may also affect its terms.

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WILLS

MAKING A WILL ENABLES YOU TO:

Choose precisely how your property and possessions should be dealt with in the event of your death.
Appoint an Executor who will deal with all the necessary paperwork and procedures on your family's behalf.
Create trusts for your children and give directions as to who will look after them.
Give particular gifts or sums of money to specific people.
Minimise and restrict tax liabilities, particularly Inheritance tax.
Make a joint Will with your spouse or partner.

A DEDICATED WILLS SERVICE

Every client has his or her own individual needs or requirements when making a Will. Fentimans places great emphasis on ensuring that a highly personal service is given to each client whilst keeping the process as simple and inexpensive as possible.

SAVE TAX

We specialise in nil rate band Discretionary Will Trusts which can potentially save your estate over £100,000 in Inheritance Tax.

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PROBATE

Probate is the term used for dealing with the affairs of someone who has died. It covers the whole range of situations, from dealing with a simple estate to a highly complicated one, whether there is a Will or not.

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LASTING POWER OF ATTORNEY

Explaining 'Lasting Power Of Attorney'

Introduced by The Mental Capacity Act 2005 and available from the 1st October 2007.

There are two types of Lasting Power of Attorney and these are:-

Personal Welfare Lasting Power of Attorney
This allows your attorney to make decisions on your behalf about your personal welfare, including whether to give or refuse consent and medical treatment on your behalf and deciding where you live
Property and Affairs Lasting Power of Attorney
This allows you attorney to make decisions on your behalf about your property affairs, including paying your bills, collecting your benefits or other income or selling your house, subject to any restrictions and conditions.

Decisions can only be taken on your behalf when you lack the capacity to make them yourself, for example, if you are ill, unconscious or because of the onset of a condition such as dementia.

Your attorney will only be able to make decisions that are in your best interests.

Who can make an LPA?

Anyone aged 18 or over with the capacity to do so can make an LPA, appointing one or more attorneys to make decisions on their behalf. You cannot make an LPA jointly with another person; each person must make his or her own LPA.

What are the Safeguards?

It is a requirement that the LPA must be registered with the Office of the Public Guardian.

It is a requirement that someone has to provide a Part B Certificate confirming, amongst other things, that you understand the purpose of the LPA and the scope of the powers you are giving to your attorneys.

You can specify in the LPA that certain persons chosen by you called "named persons" are notified before the LPA is registered.

Your signature and those of the attorneys has to be witnessed.

You, the attorneys, and the named persons have the right to object to the registration of the LPA.

Your attorneys must have regard to the Code of Practice which provides guidance on the Mental Capacity Act 2005.

In addition to the above, you can include restrictions or conditions in the LPA which your attorneys must follow or give guidance to your attorneys which they should take into account when making decisions on your behalf.

What if I have already made an Enduring Power of Attorney?

An EPA made before 30 September 2007 remains valid and is available for use by your attorneys. You can, if you wish, revoke it or it can run alongside your LPA, if you decide to make one.

Witness and Certificate Provider

The Part B Certificate Provider must either be someone who has known you personally for at least two years or be someone who has the relevant professional skills and expertise to certify your LPA such as a solicitor, barrister or advocate, your GP or other registered healthcare professional, a registered social worker or an independent Mental Capacity Act advocate. They must not be a member of your family, a business partner or paid employee of yours or the attorney's. They cannot be an attorney or the owner, director, manager or an employee of a care home in which you currently live or one of the members of their family.

What is the cost?

We estimate it will take about an hour to explain and complete one LPA and about 30 minutes to complete a second one (ie a personal welfare LPA and a property and affairs LPA). Our charge for one LPA will be £165 + VAT and £250 + VAT for the two done at the same time.

The LPA has to be registered before it can be used. The court registration fee is currently £150 per LPA registered and our charge for carrying out the necessary work to register an LPA is £145 + VAT.

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ADMINISTRATION OF ESTATES

In the case of a death, there are many formalities to deal with apart from the obvious ones of registering the death and arranging the funeral. We at Fentimans are pleased to provide free initial advice over e-mail or the telephone and follow that up with a comprehensive probate service if required. You will find that our charges compare very favorably with the probate departments of High Street Banks and the service will be handled with care and diplomacy required for such an occasion. Inheritance Tax is still a major problem for many people due to the rise in house prices. By taking a few simple steps you can reduce your potential inheritance Tax liability by thousands of pounds. Please telephone 01564 731660 for more information.

The table below outlines the heirs of the deceased.

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For further information please click here for our contact form