Our Wills and probate specialist is Mrs Janice King, who has been a qualified solicitor for over 22 years. Mrs King can assist and advise you with regard to the following:-

• administration of estates
• preparation of Wills
• Inheritance Tax planning
• care home fees
• preparation of Lasting Powers of Attorney

Why Make a Will?

If you die without making a Will (i.e. you die intestate) the way your property is divided is set down by statute. Who actually benefits depends on the size of your estate and upon which relatives survive you.

Example 1 - Mr Smith dies and is survived by his wife and two sons. His wife receives the first £125,000 of his estate and his personal possessions. In addition his wife also receives a life interest in one half of the remainder of his estate with the balance passing to his sons.

Example 2 - Mrs Jones dies and is survived by her husband. They do not have children. Her husband receives £200,000 and her personal possessions. The balance of her estate will be divided between her husband and her parents (or if they have predeceased, her nearest relative according to a list set down by law).

How Do I Make a Will?

In almost all cases it is advisable to consult a solicitor about making your Will. A badly drafted or incorrectly signed homemade will could have disastrous consequences for your family. Before arranging an appointment, it would be helpful if you would give some consideration to the following matters:- Who will be your Executors? These are the people named in your Will to deal with your estate. If you have young children you should consider who you wish to appoint as their guardians in the event of your death whilst they are still minors. Do you wish to leave anyone specific sums or particular items? Who will be the main beneficiary (or beneficiaries) of your estate? Consider who you would like to receive items if any named beneficiary should die before you. Make a list of the full names and addresses of all the people who will be named in your Will and bring it with you when you see your solicitor. Make a list of everything you own including your house, savings, shares, life insurance policies, bank accounts and vehicles and all other items of any significant value and try to work out the approximate value of the items.

Will my family have to pay Inheritance Tax on my estate?

No Inheritance Tax is payable if the whole of your estate is left to your spouse (provided your spouse is domiciled in the UK). In other cases Inheritance Tax becomes payable if the estate exceeds £300,000 (2007/2008). Some reliefs are available, for example, Business Property Relief and Agricultural Property Relief. Some particular types of gifts, such as gifts to charity, will be exempt from Inheritance Tax. You should discuss carefully with your solicitor the tax planning aspects of your Will.

Lasting Powers of Attorney

From 1st October 2007 you are able to make a new type of Power of Attorney, called a "Lasting Power of Attorney" (LPA). A power of attorney is a legal document where a person gives another person or persons (the attorney) authority to make certain decisions on his or her behalf.

Types of LPA

There are two types of LPA:-

• A property and affairs LPA, which allows your attorney authority to deal with your property and finances, as you specify.
• A welfare LPA, which allows your attorney to make welfare and health care decisions on your behalf, only when you lack the mental capacity to do so yourself. This could also extend, if you wish, to giving or refusing consent to the continuation of life sustaining treatment.

Your Attorney

As with any power of attorney, it is an important document and you should take care whom you appoint as they should be trustworthy and have the appropriate skills to make the proposed decisions. If you appoint more than one attorney, you can appoint them to always act together (jointly) or together and separately (jointly and severally). You may even appoint them to act jointly for some things and jointly and severally for others, although this should only be done with advice, as it may cause problems when using the power.

You may also choose to appoint a successor to your attorney, in case they die or otherwise cannot act for you.

When can the Attorney act?

The attorney will only be able to at when the LPA has been signed by you and your attorney, certified by a person that you understand the nature and scope of the LPA and have not been unduly pressured into making the power. The certificate will also need to confirm that there has not been any fraud or another reason why you cannot make the power. It must then be registered with the Office of Public Guardians before it can be used. The financial LPA can be used both when you have the capacity to act, as well as if you lack mental capacity to make a financial decision. The welfare power can only be used if you lack the mental capacity to make a welfare or medical decision.

Existing Powers of Attorney

Any enduring power validly made before 1st October 2007 will continue to effective but only in respect of your property and financial affairs. If you wish to give authority over your health or welfare you will need to make a welfare LPA.

What happens if you have not made a LPA or EPA?

If you lack the capacity to make a financial decision, then it may be necessary for an application to be made to the Court of Protection for an appropriate order, such as appointing another person to make decisions on your behalf. This is both costly and time consuming.

Most care and treatment decisions can be made on your behalf without the need for a Court application. However, if you wish to avoid potential disputes, you can give a person(s) authority to make those decisions on your behalf by making a welfare LPA.

We can arrange home/hospital visits for those people who find travelling to the office difficult and for this service we charge the appropriate preparation rate, plus a fee for the time engaged in travelling and petrol costs. Please discuss this option with Mrs King and the likely cost thereof before arranging a home visit appointment.

If you have any queries or would like to book an appointment please contact one of Mrs King's secretaries, Vivien Houghton or Claire Dermott, either by phone on 01268 761126, or via brianruffs@aol.com.

Regulated by the Solicitors Regulation Authority

© Brian Ruff Angus & Jewers 2008