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Will Writing & Lasting Powers of Attorney

Whether you’re concerned about your family company, your assets in general, or simply want to ensure that everything is in order when you die, forward planning is the best way to ensure that your wishes are carried out throughout your lifetime and beyond.

Having the correct legal documents in place, and up to date, helps to safeguard your wishes so that your estate is taken care of by those you trust and as you intended.

How we can help

We have extensive experience in drafting wills, to reflect your overall estate planning strategy and your personal circumstances. We don’t just get it legally right but view will drafting as part of an overall strategy for protecting and managing your wealth, and minimising worry and hassle for your beneficiaries.

We can guide you through the process of applying for LPAs, and can either provide a “light touch” to help you and your family do it, or takeover the whole process for you.

A Will is a legally binding document which sets out your wishes for the future and determines how your estate should be distributed when you die.

Without a valid Will, your estate will be distributed in line with the Laws of Intestacy. These laws do not take into account your personal circumstances or family’s wishes and could see your estate divided between those who you otherwise may not have chosen.

By having a valid Will, you can be sure that your wishes will be carried out as you intend, providing peace of mind for you and your family.

A Lasting Power of Attorney (LPA) (these used to be called Enduring Powers of Attorney) is a legal document which gives the person(s) of your choice the power to deal with your affairs. These trusted people will become your legally appointed attorney(s) and will be able to use these documents to act on your behalf whenever necessary.

There may come a time in your life when you may not be able to express how you want your financial affairs and/or health to be taken care of. A Lasting Power of Attorney (LPA) can ensure that your wishes are carried out.

There are two types of LPAs, each dealing with different aspects of your life.

Property and Financial Affairs LPA

This type of LPA can be used at any stage of your life, not just if you lose your mental capacity, and can be used either short or long term, depending upon your needs.

Reasons for needing a Property and Financial Affairs LPA can include:
• A hospital stay
• Holidays
• Adverse weather (e.g. flooding or being snowed in)
• Frailty

This type of LPA covers the whole spectrum of your finances from managing your bank accounts, paying your bills, to more long-term and strategic things such as pension provision and providing finances for your care.

Health and Welfare LPA

This LPA can only come into effect after you lose your mental capacity. In such a situation, it gives your trusted, nominated person(s) the authority to make any and all decisions regarding all aspects of your health and personal welfare.

• These decisions can range from:
• Giving or refusing consent to particular types of healthcare or medical treatments
• Deciding whether you stay in your own home to receive care or are moved into residential care
• Making decisions regarding your day-to-day activities including your diet, dress and daily routine

Without this form of LPA your family may find themselves powerless to help you if you lose your mental capacity.

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