Wills
Why should you make a Will?
Making a will is incredibly important and ensures that your wishes are carried out correctly after your death. If you do not have a Will then the law dictates what will happen to your assets and this can often mean they will not pass in accordance with your wishes.
At Hammons Solicitors each will is tailor-made for you according to your requirements. We take your personal, financial circumstances and family commitments into account when writing your Will which may include using a Trust to achieve your wishes.
Probate
Hammons Solicitors are experienced in dealing with estates that are left behind with sympathy and efficiency. This involves liaising with the family, obtaining valuations of all of the assets of the estate, agreeing tax liability and applying for a Grant of Probate (or Letters of Administration if there is no will). Once the Grant has been obtained, Hammons can organise the gathering in of the assets within the estate and begin administering them according to the will or according to law as the case may be.
Hammons Solicitors have experience in dealing with complicated estates to include any Trusts that may arise under the terms of the Will or according to law.
There are certain circumstances whereby the Executors may feel appointing a Solicitor to assist them with the administration of the estate is appropriate and this may include if there are any family disagreements. Hammons Solicitors are able to assist with these and will handle these issues appropriately and without personal involvement.
We are able to provide you with detailed advice in respect of the Inheritance Tax position of the estate and the relevant allowances available to be claimed to determine whether the estate is likely to incur an Inheritance Tax liability.
Executors may be found personally liable if they fail to carry out the legal duties and procedures, for example:
- Failure to safeguard assets e.g. failing to take steps to preserve the value of the property of the deceased.
- Misappropriation of assets e.g. Executors using the estate assets for their own benefit
Hammons Solicitors are able to assist the Executors by handling the entire estate administration process for you or alternatively we are able to assist with the key stage of obtaining the Grant of Probate from the Probate Registry.
Lasting Powers of Attorney
Hammons Solicitors are able to assist you with preparing the legal document in which you give another person or persons (your Attorneys) the authority to make certain decisions on your behalf if you are unable to do so, or no longer wish to do so.
There are two types of Lasting Powers of Attorney; one in respect of your Property and Affairs and the other for your Health and Welfare. There is no requirement that you create both types of Lasting Power of Attorney at the same time and therefore, you are able to create either one or both types and this will depend on your personal circumstances.
If you suddenly become ill, lose capacity because of a stroke, Alzheimer’s or Dementia then your Attorneys will be able to assist you to make these decisions in your best interests.
The Lasting Powers of Attorney must be registered with the Office of the Public Guardian and this is a safeguard to ensure that the documents can only be used by your Attorneys when you wish them too or in the event that you are no longer able to make your own decisions.
If you previously prepared an Enduring Power of Attorney then these documents continue to be valid however, we are no longer able to create a new one. These documents appoint Attorneys to act on your behalf in respect of your Property and Financial affairs.
In the event you would like to provide authority in respect of your health and welfare, you will need to make a Health and Welfare Lasting Powers of Attorneys.
Court of Protection
The provisions of the Mental Capacity Act 2005 exist to protect people who may lack capacity to make decisions for themselves and this is through an application to the Court of Protection.
Hammons Solicitors are experienced in dealing with applications to the Court of Protection for Orders to enable relatives, friends or professional advisors to manage the affairs of individuals who are not able to manage their affairs themselves.
The Court of Protection is a specialist Court who can make decisions and appoint deputies to make decisions about someone’s property and financial affairs or their personal welfare.