Wills : Powers of Attorney : Statutory Wills

We have, for more than 40 years, prepared Wills and Powers of Attorney for our Clients. With increased life expectancy, extended families and the dramatic increase in the value of property, the importance of making a Will and having a Power of Attorney cannot be over-emphasised.

 

The Government has substantially reduced the number and types of tax savings schemes so that it is more important than ever to receive proper advice on Inheritance Tax.

 

We will carefully consider your financial and family circumstances and draft a Will, which reflects your requirements but avoiding so far as possible unnecessary complications.

Lasting Powers of Attorney

  • Property and Affairs
  • Health and Welfare

 

A Lasting Power of Attorney allows you to choose one or more persons and even alternative persons to act as your Attorney in the event of your losing mental capacity.

 

The Lasting Power of Attorney for property and affairs allows your Attorney to deal with your financial affairs and you can give specific instructions as to how you would like these affairs dealt with.

 

The Power of Attorney for health and welfare is used less often and we would recommend this if you wish to give authority to a person with regard to your welfare (such as hospital treatment) but where, for example, that person is not by law your next of kin. You can give instructions as to the medical treatment you would wish to receive if you were to lose mental capacity.

 

There is a standard form for both Lasting Powers of Attorney. These forms have recently been revised and are now fairly straightforward.

 

We can help you in completing the forms and registering them with the Office of the Public Guardian.

Statutory Wills

Where a person does not have mental capacity, the Court of Protection can be asked to agree a Statutory Will. This will have the same effect as if the person made it themselves.

 

This is particularly useful where;

 

  • The person’s personal and/or financial circumstances have changed since he/she made a Will.
  • The person has not made a Will and there will be difficulties if he/she dies intestate.
  • The person was persuaded to change their Will in favour of a third party and it is believed there was undue influence.