Wills & Trusts
Thinking about a will can be emotional and confusing. Let us take that burden from you. We’ll not only make sure that the legal and financial issues are sorted but also discuss with you a broad range of options and provide you with specialist advice to ensure that, by the end of the process, you’ll feel you’ve done what’s best for your loved ones.
We know that you are unique, and that requires a will that is tailored and personalised to your needs.
Do I need a Will?
It’s a question we often get asked. The answer every time is, “yes, yes and yes!” Here’s why!
Common Excuses for not doing a Will
“I’m still young – I’ll put it off until I’m older.”
You never know what’s around the corner. We deal with too many families who are shocked to learn that their loved one’s wealth will not be passed to them or that they will have to share that wealth with people with who their loved one had fallen out with. This stress and heartache could all have been avoided had that loved one made a will. A will makes sure that your wealth goes to the people that are important to you.
“My assets will automatically go to my partner when I die…”
Don’t be so sure! If you’re not married to your partner (or have not entered into a civil partnership), your partner will not get any of your assets in your sole name, regardless of how long you’ve lived with them. Even if you’re married (or in a civil partnership), this alone will not guarantee that your loved one will get everything you leave. It is often the case that other family members will be entitled to a share of your assets. Your loved one may even have to sell their home to pay taxes or to pay off relatives. If you’re someone whose partner’s just died – whether they’ve left a will or not – you could be entitled to claim financial provision.
“I don’t want to think about dying”
We understand that, for some, thinking about a Will may remind them of sad times or even bring them face to face with problems in their family that they feel just cannot be resolved. This can often be the case where people have children from previous relationships. (See care home fees) The process of writing a will can often dispel family tensions by provoking family discussions about the future. It’s an excellent opportunity for everyone to air their views about their expectations and how they want to be provided for. We can discuss a broad range of options when preparing your will, which will help balance the interests and needs of everyone important to you.
“I haven’t got much to leave, so there’s no point”
When you sit down and consider what you’re worth, you’ll often find that it’s more than you thought, especially if you have insurance policies that will pay out on your death. And a will isn’t just about allocating your wealth to others. A will also nominates a person to sort everything out that you leave – an essential job when you consider that they will probably have to secure property, safeguard monies, pay off any debts, deal with taxes and make sure that they share out your money as you’ve stated in your will. If you don’t have a will, there will not be anyone with authority to do any of this. Someone will instead have to apply to court, a process which is time-consuming, expensive and puts a lot of stress on your loved ones.
Elderly & Vulnerable Clients
Our experienced legal team has expertise in advising and acting for elderly and vulnerable clients with powers of attorney, court of protection applications and deputyship applications.
Court of Protection
The Office of the Public Guardian, commonly known as the Court of Protection, gives guidance and supervision in managing the financial affairs of people who lack the mental capacity to do so themselves.
Where you have a relative or close friend who is no longer capable of making decisions or dealing with legal and financial matters which affect them, our specialist advisors can assist you in getting a deputy legally appointed to manage their affairs for them.
You can avoid the need for your loved ones to make a deputyship application by entering into a power of attorney now.
We can also assist you in an application to the court for a “statutory will.” Such applications may be necessary if the person who has lost capacity has not made a will at all or the will which they have made is no longer applicable.