Everyone should make a Will to make sure that their assets are distributed according to their wishes by someone they can trust, preferably in such a way that will reduce any tax payable.

In most cases making a Will is perfectly simple, and we will help you make any difficult decisions by talking through the various options with you. If your estate is large and there is a potential liability to tax, we will discuss with you the various ways in which the liability can be minimised to enable you to pass as much of your property to your beneficiaries as possible.

Administration of Estates

We have been making Wills for clients for many years. A large part of our work involves winding up estates following a death. We provide a sympathetic service, aware that at times, this coincides with a period of bereavement.

Our services include advising upon:

  • Preparation of assets and liabilities statements
  • Preparation of HMRC Returns
  • Deeds of Variation of the Estate
  • Advice on the responsibilities of personal representatives
  • Payment of  or letters of administration (with or without will annexed)

Sadly, sometimes disputes arise over someone’s estate, and in these cases of contentious probate we can act.

Lasting Powers of Attorney

Lasting Powers of Attorney (LPA) have been available since 1st of October 2007 and replaced the Enduring Power of Attorney (EPA) from that date, although EPA’s already set up remain valid.

A Lasting Power of Attorney enables the person making it (the donor) to give someone else (the attorney/s) the legal right to deal with their affairs. There are two types of LPA are available. The Property and Financial Affairs LPA, which gives the attorney the authority to deal with the donor’s finances and property, and a Health and Welfare LPA which allows the attorney to make decisions relating to the donor’s healthcare, welfare and in some cases life sustaining treatment.

Many people are concerned about what will happen to them if they cannot make decisions for themselves through loss of mental capacity whether caused by accident or illness. Accidents can strike at any time of life but with a growing elderly population, people are much more aware of the possible effects of Alzheimer’s, dementia, strokes and other conditions which can cause loss of mental capacity.

The new personal welfare LPA provides the opportunity for the attorney to have some say in the donor’s future care, and to state what type of medical treatment they would want or not want. The person making the LPA, the donor, will often appoint a family member or friend to be responsible for making decisions for them in the future. It is possible to appoint one person to act, or to name more than one person and specify different areas that each can make decisions about. It is also possible to specify that decisions should be made jointly by both attorneys.

If you would like to discuss a matter please telephone Catherine Nelligan on 01242 237477 or email catherine@pinkertonleeke.co.uk.