Wills & Probate at Denton Solicitors...
Have you considered making a will?
Our lawyers fully understand that the mere thought of making a will or considering what will happen when you're no longer with us is extremely difficult for many people. It is, however, one of the most important things you have to think about in life.
A will sets out who is to benefit from your property and possessions (your estate) after your death. Making a will is essential to ensure that your estate is passed onto the people or organisations that you want after your death. If you die without a will, your assets may be distributed according to the law rather than your wishes and this can potentially cause disputes within families that are not necessary.
Areas of Specialism...
We offer a sensitive, friendly and caring approach to all the following:
- Making a new will or altering an existing one
- Discussing the various benefits of making a will
- Financial and tax planning issues
- Administering estates following the death of a loved one
- 'Living Wills' - consent or refusal of medical treatment
- No will? Dealing with the law of survivorship
- Powers of Attorney
- Court of Protection issues
Although you do not have to make a will by law, it is the best way to make sure your assets are passed on to family and friends exactly as you wish. You should also consider the following advantages of making a will:
- you can decide how your assets are shared and who benefits from those assets
- if you're an unmarried couple (whether or not it's a same-sex relationship), you can make sure your partner is provided for
- if you're divorced, you can decide whether to leave anything to your former partner
- you can make sure you don't pay more Inheritance Tax than necessary
Plus many more... Why not call us today and book a consultation so we can give you specific advice on your particular issues.
Probate, or the Administration of an Estate
Following a death, applications need to be made to administer that persons estate and distribute it either according to a valid will or in accordance with the laws of survivorship (if there is no will). If there is a will, it should stipulate the Executor(s) of that will; it is these people who need to apply for a Grant of Probate so they can deal with the estate. If there is no will, a close friend or relative needs to apply for a Grant of Letters of Administration. Both these application need to be made to the Court.
At Denton Solicitors we understand that this is probably the last thing on your mind following a bereavement and accordingly we can take the stress away and help you deal with the matter as much or as little as you wish.
Powers of Attorney and the Court of Protection
If you are concerned that a family member or close friend is having difficulties making decisions about their finance and property or their personal welfare, then they may need someone to be appointed to make these decisions on their behalf. Commonly known as obtaining Power of Attorney.
It is the The Court of Protection that deals with these situations. They have the power to make decisions for people (or appoint others to make the decisions) who lack the capacity to make the decisions themselves. The Courts powers include:
- decide whether a person ‘has capacity’ (is able) to make a particular decision for themselves
- make declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make these decisions
- appoint a Deputy to make ongoing decisions for people lacking capacity to make those decisions
- decide whether a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) is valid
- remove Deputies or Attorneys who fail to carry out their duties