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WILLS & PROBATE
Many people recognise the need for legal advice regarding their finances both during their lifetime and on their death but never seek it, often fearing an unsympathetic lawyer. Louise Avis is a Legal Executive experienced in working for elderly clients in aspects such as Wills, Enduring Powers of Attorney, Care Fees Planning, Living Wills, Receivership work and Probate. She would be pleased to have an initial chat to discuss how she can assist you.
Wills
With only half of the population over 45 having a Will, on death many complications can ensue for the deceaseds loved ones.
Without a Will the Intestacy Provisions apply. Many people believe that their partner will automatically receive all their money when they die, but without a Will this may not be the case.
If you are not married or a Registered Civil Partner, your partner will not be entitled to share your estate as it will pass to your blood relatives instead.
If you are married or a civil partner, your spouse/partner could still be in a position where they have insufficient money to live on and do not even receive your share of the house.
It is therefore important to make sure that your loved ones are provided for upon your death by making a Will, ensuring your estate passes to who you want it to, rather than as dictated by the law.
Please see the Making a Will section for further details.
Wills Review
Once we have made a Will, it is important that we ensure that it continues to make the provision we want and is not inadvertently revoked.
Louise is happy to discuss these matters with you on a no obligation basis and attached are some guidance notes as to when a review is advisable.
Probate
The death of a loved one is often a distressing time, in addition to the sadness felt on bereavement, finances can often become a concern. Louise is experienced in administering deceased estates and can finalise estates quickly, relieving you of one more burden.
Please contact Louise for details of our competitive rates.
Enduring Powers of Attorney
Have you ever thought about what would happen if you had a fall, became ill or confused and were incapable of signing documents for yourself? Even if you have a partner, it may be that they would not have the legal authority to sign documents for you for example bank accounts held in your sole name. It may be that the only way around the problem would then be to apply to the Court to appoint a Receiver resulting in many delays and a great deal of expense.
An Enduring Power of Attorney is a document which Morgan Jones & Pett can prepare for you enabling you to choose who you would want to administer your financial affairs if you couldnt do so yourself. At very little expense you would have the reassurance that there is someone (your attorney) to assist you if you had a stay in hospital or became permanently incapable of signing.
If you do not have a suitable person to appoint as your attorney, Morgan Jones & Pett are able to accept appointments as attorneys, offering you the reassurance that your financial affairs will be dealt with professionally.
Court of Protection
Everyone needs a little bit of extra help sometimes and it is a sad fact that this becomes more evident as we get older. We often become confused and are no longer able to understand financial and legal decisions. If an Enduring Power of Attorney has not been signed the alternative is appointing a Receiver through the Court of Protection.
Morgan Jones & Pett are experienced in all Court of Protection matters and are able to act as Receivers helping you to find your way through the complicated Receivership process.
Trust Administration
Trusts can be a useful tool to cover many situations, whether it be to protect the vulnerable, to save Inheritance Tax, to ensure your estate passes to your children on your partners death or to pass some of your assets to your loved ones rather than them being spent on care fees.
Morgan Jones & Pett are experienced in trust administration and act as trustees, ensuring that the beneficiary of the trust gets the financial assistance they require and complying with any seemingly daunting legislation.
Living Wills
Many of us fear that when our end is near, our lives will be prolonged unnecessarily, often against our wishes. Many of us are concerned what would happen if we have a stroke and can no longer speak, or are in a coma. Without a Living Will the medical profession have to make decisions on your behalf, often contrary to what you would have chosen yourself.
A Living Will, otherwise known as an Advanced Directive, is a document which you sign now to ensure that your medical wishes are known in the future. It allows you to state that you dont want experimental treatment or have your life prolonged and gives you the chance to say who you want to make medical decisions if you cant do so yourself.
Please see the Living Wills section for further details.
Care Fees Planning
Many of us resent that the government distinguishes between those of us who work hard and save during our lifetimes, only to be penalised by care fees, and those who have spent every penny and then are cared for by the state.
When we need extra help with our day to day care, often in a care home, one of our concerns is that we our spending our childrens inheritance.
Louise is able to provide advice on this and how to preserve at least some of your money to pass on to your loved ones when you die by making simple amendments to your Wills and how your house is held.
Funding Criteria for Long Term Nursing Care
The media have given a great deal of attention to the complicated funding criteria for long term nursing care.
The Courts have recognised that many residents in care homes are not receiving the level of state funding they are entitled to. Sara Westwood and Louise Avis are experienced in this area of law and are happy to advise you, ensuring that you or your relative are not paying higher fees for your care than you need to.
Inheritance Tax Advice
As Benjamin Franklin said "in this world there is nothing certain but death and taxes."
On death Inheritance Tax is paid at 40% on assets in excess of 285,000 (as at April 2006), often leaving relatives with a large tax bill to pay.
There are measures that can be taken to eliminate or reduce the tax bill and enable your beneficiaries to enjoy a greater share of their inheritance.
Please ask Louise for more details.
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