Wills, Probate and Trusts
We provide a Will writing service in accordance with today’s legal requirements.
Our Wills operate worldwide because it covers all assets wherever situate.
We work to ensure the process is kept as convenient to you as possible.
We charge £250.00 (including VAT) per Will.
The process is as follows:
1. You attend the office for an initial consultation so that we can open a file and obtain your instructions.
2. When your instructions are obtained we will draft your Will for your approval.
3. Once you approve your Will we print a final version for execution i.e. signed by you before two witnesses.
4. After execution your Will is legally binding.
5. We offer to keep your original Will in our fire proof safe at no extra charge. Alternatively you can retain your original Will, however we do not store copy documents beyond 6 years.
Please feel free to telephone us should you have any questions.
Lasting Power of Attorney
Until 1 October 2007, it was possible to grant two types of power of attorney:
1. Ordinary Powers of Attorney and
2. Enduring Powers of Attorney.
Unlike an ordinary power, an Enduring Power of Attorney continues to be effective after the donor loses mental capacity. Since 1 October 2007, it has not been possible to create new Enduring Powers of Attorney, but Enduring Powers of Attorney created before 1 October 2007 continue to be effective.
From 1 October 2007, Enduring Powers of Attorney were replaced by Lasting Powers of Attorney. There are two types of Lasting power of attorney’s:
1. Financial/Property. This type of Lasting Power of Attorney can allow the attorney to pay the donor’s bills, sell their property or investments and operate their bank accounts. The attorney can use the Lasting Power of Attorney while the donor still has capacity, unless the donor specifies otherwise in his/her Lasting Power of Attorney.
2. Health, Welfare and Care. This type of Lasting Power of Attorney can only be used when the donor loses capacity or the attorney reasonably believes that the donor has lost capacity. Decisions can be made about the donor’s medical treatment but decisions about life-sustaining treatment can only be made if the donor specifically permits this in his/her Lasting Power of Attorney. Another example whereby a donor can make decisions, in relation to the donor’s diet, where they live and/or how they spend their time (unless the donor specifies otherwise in the Lasting Power of Attorney).
The donor of a Lasting Power of Attorney must be over 18 and have capacity to execute the Lasting Power of Attorney at the time it is executed.
The donor can appoint the same attorneys under both types of Lasting Power of Attorney, or different attorneys. If different attorneys are appointed they may need to act together on some decisions.
Unlike an Enduring Power of Attorney, a Lasting Power of Attorney takes effect once it has been registered with the Office of the Public Guardian.
We provide advice in relation to the above Lasting Power of Attorneys from completion of necessary forms and clear explanation as to the process. Our service includes as many office/telephone consultations as necessary to finalise the process.
£1,000.00 (excluding VAT, disbursements and Court fees). Price is for both health/welfare and property/financial affairs – Terms and conditions apply.
Court of protection
The Court of Protection has jurisdiction to make a decision where an individual is unable to make specific decision about themselves because he/she lacks capacity. The Court of Protection must operate within the following five statutory principles set out in section 1, Mental Capacity Act 2005:
1. A person must be assumed to have capacity unless it is established that he/she lacks capacity.
2. A person is not to be treated as unable to make a decision unless all practicable steps to help him/her to do so are taken without success.
3. A person is not to be treated as unable to make a decision merely because he/she makes an unwise decision.
4. An act done, or decision made, under the Mental Capacity Act 2005 for, or on behalf of, a person who lacks capacity must be done, or made, in his/her best interests.
5. Before the act is done, or the decision is made, consider whether the purpose for which it is needed can be achieved as effectively in a way that is less restrictive of the person’s rights and freedom of action.
The principle aim is to protect people who lack capacity and not to restrict or control their lives. The principles apply to a judge making a decision in the Court of Protection as well as to deputies, attorneys and other informal decision makers such as health care professionals.
The powers of the Court of Protection include:
1. Making decisions for him/her.
2. Making declarations, including whether or not he/she has capacity to make a specific decision and whether an act taken on his/her behalf is lawful.
3. Resolving disputes, including those concerning Lasting Power of Attorney and Enduring Powers of Attorney.
4. Appointing deputies, terminating the appointment of deputies and varying deputy powers.
5. Calling for reports.
6. Supervising the application of the deprivation of liberty safeguards.
7. The Court of Protection’s involvement may be required in relation to any matter concerning him/her. The Court of Protection’s powers are too numerous to list but this note discusses some of the more common scenarios in which Court of Protection’s assistance may be required.
Proctor Moore Solicitors provide legal services with regard to applying to the Court of Protection to make an Order in the best interest of an individual who is not able to make decisions about their health, welfare, financial affairs or property (as set briefly out above).
We provide advice in relation to administration of the estate of a person who has deceased. This includes providing advice with regard to inheritance tax due (if any). Administering an estate has various stages and we work closely with the family (if no Will) or if there is a Will the executor(s)/executrix(es). We ensure that the estate if accounted for in accordance with the rules, full disclosure made to inland revenue so certificate obtained to then apply to probate registry for probate. In some circumstances probate is not even required and we are happy to provide advice about this.
Legal costs vary depending on the size and complexity of the estate / cost estimate provided after initial consultation – Terms and conditions apply.
Trusts are required for various reasons. Trusts can be set up whereby an individual’s asset(s) (usually a property) held on trust by the trustees for certain purposes set out in the trust document.
The main types of trusts are bare trusts; interest in possession trusts; discretionary trusts; accumulation trusts; mixed trusts; settlor-interested trusts and non-resident trusts. We have been involved with drafting of various trust documents and happy to assist you with your needs.
Price starts from £1,000.00 (excluding VAT and disbursements) – Terms and conditions apply.