wills, probate & the elderly:

Wills
Regardless of your age, everyone should consider having a will professionally drawn. A surprisingly high number of people die without leaving a will. This can cause enormous problems for the family of the deceased. The issue of your will is by its very nature, a solemn topic. Often people shy away from the issue of preparing a will and in a lot of cases simply never get around to doing so. If you want peace of mind in the knowledge that your partner/spouse, family, friends and charities will receive what you intend them to receive upon your death then you should make an appointment to meet with a member of our wills and probate team. We can then draft your will to meet your needs.
Not only does the issue of who is to inherit need to be addressed but careful inheritance tax planning is also vital. Our team can advise on all of these issues.
It is also important to review your will as your circumstances change. For example: the birth of a child, when your financial circumstances change or when you get divorced.
Probate
Following the death of a loved one it is often necessary to apply to the Probate Registry to obtain either a Grant of Probate or Letters of Administration in order to deal with the deceased’s assets. Without these documents from the Court you may find that often you are unable to deal with the estate of your deceased relative or friend.
- We can obtain the necessary Court documentation from the Probate Registry on your behalf
- We can deal with the administering of the estate
- We can prepare estate accounts
- We can distribute the deceased’s estate
If you have a relative or friend who has recently passed away and need assistance in dealing with the distribution of their estate, please contact us.
Powers of Attorney
A Power of Attorney is a legal document which grants the power for somebody else (legally known as your ‘Attorney’) to deal with your affairs (such as your bank accounts, property, health and welfare) in the event that you become unable to do so for yourself, either through mental or physical illness.
There are now two types of Power of Attorney.
Firstly, there is a Property and Financial Affairs Power of Attorney. This enables your Attorney to pay on your behalf, for example, your mortgage, rent, care home fees and household expenses as well as dealing with your pension entitlement, receipt of state benefits and your house.
Secondly, there is a Personal Welfare Power of Attorney which allows your Attorney to make decisions about where you should live, your day to day care (including your diet and dress), who may have contact with you and importantly, the refusing or consenting to medical treatment on your behalf.
You can decide to either have only one type of Power of Attorney or indeed consider both options. Furthermore, you can also include restrictions within your Power of Attorney in order to limit the power you bestow upon your Attorney and you can also include guidance within your Power of Attorney to assist your Attorney in making decisions for you later on in life.
To discuss these further please contact us to arrange an appointment.
Court of Protection
If you have a friend or relative who is now unable to make their own decisions about the management of their own affairs and they need you to do this for them, then unless you have a Power of Attorney, it is necessary to apply to the Court of Protection for a Deputyship Order.
If you need to assist or make decisions for someone who you do not have a Power of Attorney for, then a Deputyship Order will be necessary and we can assist in making the application to the Court of Protection.
Should you wish to discuss this further please feel free to contact us.
Contacts:

Rebecca O'Donnell
rod@haroldstock.com
Secretary - Louise Howells
lh@haroldstock.com

Kelly Gummersall
kg@haroldstock.com
Secretary - Louise Howells
lh@haroldstock.com