Wills, Trusts, Probate & Elderly Client

Frequently Asked Questions


Can I get legal aid?

Legal aid is very limited, and available in only a few very specific circumstances.


Do you do a free first interview?

We do not provide a free first interview. The charges that relate to the putting together of a will (see ‘How much does a will cost?’ – link) cover the full service. For all other areas of business there is an hourly rate which will be specified at the initial interview.


Bereavement

Why do I feel like this?

We acknowledge that you will be experiencing a number of feelings when you come to see us - numbness, shock, anger, disbelief, loneliness, a feeling of not being able to cope. We are here to help you cope with what needs to be done when this situation arises.

You may find this helpful : Easing Grief


I don’t know where to start!

The most important requirements within the first week of death are to register the death (a legal requirement) and make arrangements for the funeral. We are happy to see you during this time if you wish. However, there is no need for you to see us immediately and we are happy to see you following the funeral if you would prefer.


What should I bring with me when I do feel able to come & see you?

The more information you can bring relating to the deceased the better. Here is a list which is by no means complete, but it is a very helpful start:

Death certificate Copy will (if any)
Life policies
Bank books
Premium bonds, National Savings Certificates, National Savings Books.
Share certificates
Funeral account (if you have it)
PEP’s, ISA’s & TESSA details
Household utility bills and any other bills you may have.
Credit cards
Driving licence
Passport
House insurance, car insurance
Medical card
Property deeds (if you have them)
Cash (from the property or the personal effects of the deceased)
Income tax details
Pension details (occupational and private pensions)
DSS Pension book
Names, addresses and dates of birth of the beneficiaries.

Will I need more than one death certificate?

It will be very helpful for you to have extra copies of the death certificate. The Registrar does charge for this but the increased number reduces the amount of time taken to notify all the relevant organisations and generally helps speed up the whole process.


Will I have to pay anything towards the funeral?

The person dealing with the estate does not have to pay for the funeral personally. Funds can be requested from the deceased’s bank account to settle the account. If there are no funds available because the money is tied up in other assets we can advise the undertakers of this and they can be paid when funds are available. If there is no money in the estate then you will need to approach the DSS before the funeral is arranged.


I was given Power of Attorney. Why can’t I use that to sort out the deceased’s estate?

A Power of Attorney is effective only during the lifetime of the person who has granted it. It dies when that person dies. Furthermore, as an Attorney, it is important to realise that you cannot continue to operate any of the deceased’s accounts following their death.

Enduring Power of Attorney

What is an ‘Enduring Power of Attorney’?

An Enduring Power of Attorney is a legal document ( a specific legal form) which appoints somebody to look after your affairs when due to either physical or mental frailty you are unable to do so for yourself.
Subject to a registration procedure with the Court of Protection, this form of Power of Attorney document will be able to continue to be valid even if you become mentally incapable of dealing with your affairs.


Who can make an Enduring Power of Attorney document?

Anyone as long as they are over 18 and still mentally capable of dealing with their affairs at the time the document is signed.


Who can I appoint to act for me?

Anyone. As long as they are over 18, not bankrupt at the time of signing the document and are willing to act on your behalf, you can choose anyone you like.
When choosing an attorney, however, you must appreciate that the document is a very powerful one. Your chosen attorney will be able to do almost anything that you would do for yourself e.g. sign cheques, withdraw money from savings accounts, buy or sell shares or buy or sell houses.
The document can be restricted if you do not wish to give your attorney such wide powers.


What happens when I’ve signed it?

The document is legally effective from that date. Depending on your circumstances at the date of signing, the Enduring Power of Attorney can either be used immediately at your direction, or alternatively (and more usually) it will be stored in our strong room for safe keeping and future reference. We then wait for direction from either you or your appointed attorney as to it’s future use.


Can I change it?

Yes. It can be changed at any time whilst you are still mentally capable of giving instructions. It cannot be cancelled or revoked once it has been registered unless the Court of Protection directs.


If I have been appointed as someone’s ‘Attorney’ can I change my mind?

Yes. This would have to be communicated in writing to the person who appointed you to act for them.


What happens if I become mentally incapable?

If this should happen then your appointed attorney is legally required to register the document with the Court of Protection. This is a situation that we are very familiar with and, as such, all they need to do is contact us and we will guide them through the process (normally about four weeks long).


If I am an attorney, how long is the Enduring Power of Attorney valid?

For the life time of the ‘donor’. If the donor dies, the Enduring Power of Attorney dies with them.


Court of Protection

What does a Receiver do?

A person who has been appointed a ‘Receiver’ looks after the day-to-day finances for someone who is no longer mentally able to do so for themselves. The sorts of things that this could include would be:

    - receiving benefits, pensions and interest
    - paying bills (plus any doctors, solicitors or court fees)
    - buying clothes (and comforts such as flowers and hairdressing)
    - sell a person’s property or land, or end a tenancy
    - sell or deal with the removal of a person’s furniture and household belongings
    - look after life insurance policies
    - keep and provide accounts as to how the person’s money under their control has been managed
    - make sure that all documents and any items of value are kept safely
    - carry out any other actions in the interests of the person they have been appointed to look after.


What is the Court of Protection?

It is an establishment that is there to make decisions in cases where people are no longer mentally able to handle their financial affairs. One of their main roles is to appoint a ‘Receiver’ to undertake these tasks for another.


How do you become a Receiver?

You apply to the Court of Protection to become one. We can help you through this process.


Who can apply to be a Receiver?

Anyone can apply. You could be a relative, friend or someone from the professions such as an accountant. You could appoint one of us. Whoever decides to make the application can either ask for themselves to be appointed, or for someone else to be appointed.


What does a Short Order allow me to do?

A short order allows you to:

    - receive a persons pension and or trust income
    - receive some or all of the money held in their bank / building society
    - pay nursing home fees or other charges, debts, expenses and our costs (solicitors)
    - make sure that valuables and documents are looked after safely


Under what circumstances will the Court of Protection appoint a Receiver?

Normally, this will take place if the client has:

    - more than £16,000 in cash after any debts have been paid
    - property to be sold
    - a level of income that it is considered needs to be managed by a Receiver

If nobody would like to or is an a position to be a Receiver then the Court may consider appointing a public receiver or a receiver from an approved panel.

Making a will

What do I need to think about before I come to see you to discuss putting together my will?

There are several things that it would be worth your while thinking about before coming in to see us:

    - who is going to deal with it for you, who will be your ‘executors’?
    - whether you have any special gifts you want to make (money, sentimental items, charity)
    - guardianship for your children
    - who do you want to receive your estate (your property, money etc.)
    - funeral directions.


Can I come and see you on my own to do my will or do I have to bring my partner?

Yes you can come and see us on your own. Your Will will be entirely confidential.


How much does a will cost?

It depends on the nature of the will and how complicated it is likely to be. If it is a standard straightforward will estimate a charge of £100 plus VAT. If you need to have more specific or detailed advice because you want to include things such as tax planning, then the charge is estimated at £450 plus VAT for a couple.
NB: Our charges are revised in April each year, and these charges are applicable as at May 2005.

Under what circumstances should I consider updating my will?

To ensure that your wishes are carried out exactly as you would want it is important that you review your will on a regular basis. There are, however, several specific occasions when you should do so:

    - divorce
    - separation
    - death of partner /spouse
    - adoption
    - marriage
    - having children
    - significant increase in the value of your estate


What would happen if I didn’t make a will?

If someone dies without leaving a will, they die ‘intestate’. Their estate wiil have to be administered in accordance with statutory provisions which operate in this situation. In certain circumstances, the estate could go back to the 'Crown'.


Can people claim on my estate if I have chosen to cut them out?

Yes they can. Though you can leave your estate to whom ever you wish, under "the Inheritance (Provision for Family and Dependants) Act 1975", certain people can ‘contest’ your will and make a claim. These people include members of your family, any dependants, an ex spouse or a co habitee.


Can I make sure my pets are properly looked after through my will?

Yes. Your pets can be included in your will in two ways. You can specify certain care arrangements or you can allocate a sum of money for their care.


What happens if I have property abroad?

The will we prepare for you covers estates in England and Wales. We are then in a position to advise you as to how to manage your will if estates are in other jurisdictions.


What if I’ve missed something out, can I add it after the will has been signed?

Yes you can. To do that we will need to prepare a document called a 'codicil’.


Where will my will be kept?

In our strong room at no charge to yourself. You will also have a copy for you to retain.


If I have been excluded from a will can I make a claim on the estate?

Under "the Inheritance (Provision for Family and Dependants) Act 1975" certain people can ‘contest’ a will. These include:

    a spouse
    an ex spouse
    children
    children treated as children of the family
    anyone being maintained by the deceased at the date of death
    a co-habitee who has been living with the deceased in excess of two years