Wills & Powers of Attorney
Families are at the heart of the community. If you are planning for elderly relatives, making your Will, or dealing with difficulties in personal or business relationships, we offer a caring, supportive and professional service.
Judy Dyke, Clare Martin and Ian Buchanan, solicitors in Private Client, are members of the Society of Trust and Estate Practitioners (‘STEP’). They provide expert advice on the law surrounding Trusts, Estates and Inheritance. STEP is the worldwide professional association for practitioners dealing with family inheritance and succession planning.
Wills
Anyone can write a Will but we use our professional expertise to work with our clients to write a good Will. A good Will will be robust against challenge and will address financial and non-financial issues. We retain records that can be referred to in the future in the event of challenge to the terms or queries regarding capacity at the time of making a Will. This service is included in the cost of the Will and your original signed Will is stored free of charge.
We are happy to visit clients at their home address if they are unable to attend our offices.
For information regarding Trusts, please click here.
For further information or to speak to someone about a Will, please call Judy Dyke on 0121 693 2222 or send an email via our Contact Us page.
Powers of Attorney
In the event of loss of mental capacity, people can need help and support in relation to their finances and health and welfare matters. Lasting Powers of Attorney help those needing care and help those who are caring for others.
A Property and Financial Affairs Lasting Power of Attorney delegates powers in relation to finances including Property, investments, operating bank accounts, dealing with the Inland Revenue and sorting out State Benefits etc.
A Health and Welfare Lasting Power of Attorney deals with issues such as – what sort of care support is needed? Should it best be delivered at home or is residential or nursing care required? The appointed Attorney(s) can consent to or refuse medical treatment.
If you already have an Enduring Power of Attorney (the predecessor to Lasting Powers of Attorney) and it was created before October 2007, this document is still valid, but only effective once registered. The time to register an old style Enduring Power of Attorney is when the person concerned either has become or is becoming mentally incapable of managing their property and financial affairs.
We can advise you in relation to Lasting Powers of Attorney, registering Enduring Powers of Attorney and General Powers of Attorney. We will also liaise on your behalf with the Office of the Public Guardian.
Planning for Care Fees
Issues that need to be considered include the relevance of means tested and non-means tested state benefits; your personal wishes about how you wish to be cared for – at home or in a supported residential environment; financial planning and the appropriate and supportive legal structures. We offer fixed fee consultations as an option if you want to start planning or review your current arrangements.
Cohabitation Agreements and Pre-Nuptial Agreements
Not every relationship between adults is about Marriage or a formal Civil Partnership. Some relationships involve two independent adults who are not contemplating having or looking after children. Safeguarding assets, which you have earned yourself prior to entering into the relationship or which your family have given you, can be important. Some couples want to make their own rules for what should happen in the event of a breakdown of the relationship. Cohabitation or Pre-Nuptial Agreements are forming an increasingly significant way for expressing your own wishes rather than leaving things to Family, Trust or Contract Law which can reflect historical rather than contemporary cultural aspirations.
For further information on Lasting Powers of Attorney, Planning for Care Fees or Cohabitation and Pre-Nuptial Agreements please call Mike Dyer on 0121 693 2222 or send an email via our Contact Us page.