Wills, Lasting Powers
of Attorney & Probate
Why make a Will?
The only way to ensure your assets and possession pass after your death to those you would want to have them, is to make a valid Will. A Will enables you to provide for your family, friends and if required, give a legacy to charity.
If you do not make a Will, then on your death your estate will, after the payment of any debts, be distributed amongst your immediate family using a prescribed formula laid down in legislation known as the intestacy rules. The rules do not take account of your wishes and could result in all or part of your estate passing to someone you would not wish to leave it to. The only way to prevent this is to make a Will.
We can help you to make your Will by drafting the document for you to approve and then ensure the legal formalities for executing the Will are complied with.
Lasting Power of Attorney
A Lasting Power of Attorney is a legal document that you (the Donor) make using a special form. It allows you to choose someone now (the Attorney) that you trust to make decisions on your behalf about things such as your property and affairs or personal welfare at a time in the future when you no longer wish to make those decisions or you may lack the mental capacity to make those decisions yourself. A Lasting Power of Attorney must be registered with the Office of The Public Guardian. There are two types of Lasting Power of Attorney:-
- A Personal Welfare LPA
- A Property and Affairs LPA
A Personal Welfare LPA allows you to plan ahead by choosing one or more people to make decisions on your behalf regarding your personal health care and welfare. These personal welfare decisions can only be taken by somebody else when you lack the mental capacity to make them for yourself; for example if you are unconscious or because of the onset of a condition such as dementia. The Attorney or Attorneys you appoint to make personal welfare decisions will only be able to use this power once the LPA has been registered providing that you cannot make the required decision for yourself.
A Property and Affairs LPA like a Personal Welfare LPA allows you to plan ahead by choosing one or more people to make decisions on your behalf regarding your property and financial affairs. You can appoint a Property and Affairs Attorney to manage your finances and property whilst you still have capacity as well as when you lack capacity. For example, it may be easier for you to give someone the power the carry out such tasks as paying your bills or collecting your Benefits or other income.
Probate
Probate is the legal process which allows the property and possessions of a deceased person to transfer to their beneficiaries. Unless the estate is of a very low value you will need a Grant of Representation before the estate can be distributed.
We can assist you in establishing the value of the estate, complete the relevant Inland Revenue forms and apply for the Grant of Representation from the Probate Registry. Thereafter we can arrange to distribute the assets of the deceased person and settle any unpaid bills.