Wills, Probate & Power Of Attorney Solicitors
Will Writing Services
Here at Pilkington Shaw, we provide legal advice on a range of services. Our trustworthy wealth management team builds long-term relationships with our clients, with an open-door policy and regular reviews to ensure we are meeting client’s needs; personal and commercial. Working with the client and in partnership with professionals in all aspects of private client services.
Creating a Will
If you die without having made a will you could be leaving behind significant financial problems for the people you care about. Worryingly, new research suggests that more than half of adults don’t have a will.
Making a will can be a daunting prospect – however, making one can be an important way to protect your family and loved ones and give you peace of mind. A will us also a fair way to head off family disputes about how your possessions should be divided.
Probate is the term applied to the settling of the estate of somebody who has passed away. Executors are appointed to make sure the wishes of the deceased are followed in line with their will. Executors are required to gather all the relevant information to make an application to the Probate Registry for a Grant of Representation – this enables that person to legally handle the affairs of the estate.
In some instances a will may not appoint executors or if a person dies without having a will, then the Probate Registry will issue Letters of Administration to allow the deceased’s estate to be dealt with. Obtaining probate can be a complicated and daunting task, particularly if the estate is subject to tax.
Pilkington Shaw can help with obtaining a Grant of Representation along with the distribution of the estate. We also treat all cases with the utmost compassion and understanding, aware that this can be a sensitive and difficult time for loved ones.
Our services can also assist with:
- Contesting a Will
- Contesting an Estate
- The event of a deceased not leaving a will
Lasting Power of Attorney Services
A Lasting Power of Attorney (LPA) is a legal document which allows you to appoint someone else to make decisions on your behalf. You can only prepare an LPA when you have the mental capacity to do so. Whilst a will is here is set out your wishes upon death, an LPA is here to protect your interests during your lifetime. There are two types of Lasting Power of Attorney:
- Health and Welfare - this allows the attorney to make decisions relating to treatment, future care, medication and future residence.
- Property and Financial: this allows the attorney to make decisions in relation to management of finances, payment of bills, managements of benefits and pensions, and the sale of property.
It is crucial that an LPA is made to ensure that your affairs can be dealt with if you later lose the ability to deal with such matters yourself. There are a number of steps in creating an LPA that we can guide you through, to ensure that your wishes are accurately reflected. If a person later loses capacity and does not have an LPA in place, then an application must be made to the Court of Protection which can prove more costly and time consuming to the family applying.
For advice about making a Lasting Power of Attorney, please contact our team today for your free initial consultation.
What do private client solicitors do?
Private client solicitors work with clients and their families on matters such as wills, probate, taxation and estate management.
What is Probate?
Probate is the process of proving a will is valid and to obtain legal authority. It also deals with the grants of representation.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal authority which allows someone who is appointment by an individual to make decisions on behalf of the individual/group of individuals if they lose capacity to do so. In certain circumstances, these can be used when a person still has capacity to make decisions about their property, finances or health but give consent for someone else to make the decisions on their behalf.
Do I need an Lasting Power of Attorney if I already have an Enduring Powers of Attorney?
An Enduring Power of Attorney only relates to dealing with a persons property and financial affairs however these could only be registered after the individual has lost capacity. If you have an Enduring Power of Attorney already in place to deal with your property and financial affairs this is still valid. You can however, still obtain a Lasting Powers of Attorney to deal with your health and care needs.
Why do I need a will?
Everyone should consider having a will. A will is a document that sets out your wishes regarding the distribution of your assets when you die. If you do not have a will, these wishes may not be carried out the way that you want or chose them to be.