Wills & L.P.A

Wills & Lasting Power Of Attorney

WILLS

A Will is simply a legal document detailing what you want to happen with your belongings on your death.Later on this page we will describe the different types of Will. The different people involved in a Will and its execution and The different types of Lasting Power of Attorney.

But It may surprise you to know that.

78% no Will in place
20% Over 70's No Will in Place

Why Is Having A Will Important ?

If you die without a Will you, you effectively die Intestate. This means that the Government will decide what happens with your estate. In practical terms this means that your surviving family members will each receive the same portion of your estate. There are many circumstances in which this may not be what you would have preferred and may or may not cause issue between family members.

If you have no family then your estate reverts to the Crown. Which may also be against your wishes.  By planning ahead you can ensure that your wishes are followed.

Who Is involved in a Will

There are a number people involved in a will. It is your responsibility to appoint each of these, so careful consideration is best.

Executor –  Is legally responsible for sorting the finances of the deceased and ensuring that the  remains are correctly distributed in accordance to the will.

Beneficiary – In some cases you can be Beneficiary to your own Will Trust. However, beneficiaries are mostly family, friends, charities and so on. A Trust can dictate further terms or conditions of who gets what and when.

Types Of Will

Single Will

Are for individuals that are neither married or in a relationship. They allow you to state what you want to happen to your estate on your death.

As normal you can appoint any Beneficiary you wish.

Mirror Wills

Are the most common, where each person leaves everything to his or her partner, then onto his or her beneficiaries. These used to be known as Second Death Wills.

They are not suitable for people wishing to do different things or leave assets to different people. Eg.  Remarried with children from other relationship

Living Will

Allows you to state what you want to happen regarding any future medical or care costs.

You still need a normal Will to ensure your estate is either distributed according to your wishes or put into Trust.

Wills and Lasting Powers Of Attorney are easy to arrange, however you should speak to a Professional Consultant to look at all options and how best to arrange things to suit your wishes and requirements.

To help decide what you need, for your ease we have detailed a ‘Decision Tree’.

For your ease, and reference, we have put together an Essential Guide Range of PDF’s. You can order yours for Free today by clicking on the button below.  To see a larger image, simply click on the image.

Lasting Power Of Attorney

This is a delicate subject, but one that in many cases needs to be planned for. It is meant to protect the individual and family when they are no longer able or cognizant enough to make their own financial or life / health decisions.

A couple of things may surprise you about family managing your affairs,

  • Spouses or Family do not have automatic rights.
  • A Lasting Power of Attorney has to already be in existence to be effective.
  • If no agreement exists, the Courts have to appoint a Deputy – which can be costly and time consuming to change.
There are Two different types of Lasting Power Of Attorney

‘Health and Welfare Lasting Power Of Attorney’

Used for Medical, Living and Health decisions. Only usable once mental capacity issues are proven.

‘Property and Financial Lasting Power Of Attorney’.

This can be more widely used, including mental capacity, illness and for people living abroad.

If either of these are required, then you will need to speak to a Professional to make arrangements.

We will be happy to assist you in any way that we can.