Wills & Lasting Power of Attorney
No one wants to think about death or what will happen after they have gone. However, the responsibility of winding up your affairs can be eased for your family with careful Will planning.
Some people think that it is not necessary to make a Will and that their estate will automatically pass to their relatives. Often, particularly in the case of an unmarried couple, this is not the case and matters can be complicated by not having a Will.
Regardless of how much you have to leave, it is important to set out legally who you want to inherit. If you have children from a previous relationship, it is particularly important that you make a Will, so that their position is protected.
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For more information on the process of making a Will, please click here.
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Although a Will deals with your affairs after you die, what will happen if you become unable to deal with your own affairs? Perhaps because of an accident, illness or the onset of dementia.
We can guide you through the power of attorney process and assist you with the completion of the forms, the application to register the forms and any other enquiries or assistance you may require.
For more information, please click here.
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But what happens if there is no power of attorney in place and you have lost your mental capacity? Unfortunately, sometimes it can be too late to execute a Lasting Power of Attorney and it is therefore necessary for someone to apply to the Court of Protection to be appointed as a ‘Deputy.’ This can be costly and time consuming but we can help you through each stage and make an application to the Court on your behalf.
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Having problems getting a relative home from a care home?
Do not know whether your relative should be paying care fees?
Confused by the procedure?
We can help you with these and other matters relating to a loved one’s welfare.
Simple Single & Mirror Will
Trust Will
Lasting Power of Attorney
Enduring Power of Attorney
Deputyship
Welfare Matters
Our services include :
We offer competitive fixed fee prices for clients wishing to complete Wills with our experienced staff. By being able to offer fixed fee prices, Earl and Crocker are able to provide their clients with certainty and transparency so they know what they are paying from the outset.
We charge an ‘uplift’ for Trusts in Wills, extendice IHT advice and for urgent Wills; please contact us for details. We can also offer packages for Wills and Lasting Powers of Attorney when completed together.
To view our charges, please check our pricing page here.
Our Probate Team
Wills FAQs
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The first step is making the appointment to come in and see one of our specialists. During your initial appointment we will discuss your family circumstances, your financial arrangements and how you would like to leave your estate once you have died.
After the appointment we will send to you a draft Will for your approval. It is at this stage you can make any adjustments you might feel is necessary.
When you have approved the contents of your Will, you will be asked to come into the office again to sign.
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Once you have had your appointment to discuss your Will, we aim to send to you a draft within 2 – 3 weeks (depending on the workload of your case handler at the time). After this, the Will will be signed once you have approved the contents of the Will.
Usually it takes 2 – 3 months for your Will to be completed.
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After the Will has been signed it can either be kept in our strong room on your behalf, free of charge. Or, you can take the Will away and keep this safely in your own records.
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Mirror Wills are two separate wills made by a couple, typically partners or spouses, that reflect each other’s wishes. While they are similar to each other, each individual document is legally binding.
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Appointment of Executors and one set of replacement Executors
Appointment of Guardians for children under the age of 18 years
Up to 3 pecuniary or specific legacies
The residue being left to spouse (for mirrored Wills)
The residue being divided between a class of beneficiary equally (e.g. children, nieces, nephews etc). Or the residue being divided between 4 beneficiaries in unequal shares.
Substitute provision for any beneficiaries who may predecease.
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We ask for a rough outline of what assets you have and their values so we can ascertain if you have any Inheritance Tax liability on your death.
It also helps us understand what your estate includes and this can help us with your estate planning.
In addition to this, one of the tests for capacity to make a Will is that the testator knows the extent of their estate.
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Trusts can be complicated. In essence a trust is when someone is holding assets on the behalf of someone else and that person then becomes a ‘Trustee.’
A trust can be created during someone’s life time or by their Will, which comes into effect on their death.
LPA FAQs
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It can take a few weeks to get the LPAs signed by the attorneys and up to 20 weeks to be registered by the Office of the Public Guardian.
After the appointment we will send to you a draft Will for your approval. It is at this stage you can make any adjustments you might feel is necessary.
When you have approved the contents of your Will, you will be asked to come into the office again to sign.
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Lasting Power of Attorney (LPA) forms get registered to ensure they are legally recognised and can be used by the attorney(s) to act on behalf of the donor.
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Once the forms are registered they can be used by the attorneys to help with their affairs.
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This is dependent on what LPA is being used.
Property and Financial affairs:
As soon as it is registered, unless the donor specifies otherwise in the form
The donor does not need to lose mental capacity for the attorneys to act if they have consented to this in the form.
Health and Welfare:
Only after the donor has lost mental capacity to make decisions about their health and welfare.
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Your doctor will need to know who has legal authority to make decisions about your health and welfare if you lose the capacity to make those decisions for yourself.
The LPA helps ensure that your attorneys can step in to make the decisions aligned with your wishes.
“Please thank all your staff for the excellent service received!”
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“It became a complicated purchase but you guided us through it and we felt confident”
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“Please thank all your staff for the excellent service received!” 〰️ “It became a complicated purchase but you guided us through it and we felt confident” 〰️