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Lasting Powers of Attorney

What should you Know About The Two Types Of Lasting Power Of Attorney

power of attorney

When you consider your long-term plan for yourself, you should think about who will make decisions for you if you become mentally or physically incapacitated. 

You require two types of Lasting Power Of Attorney, one that covers property and financial affairs and the other that covers health and welfare. 

When setting up a Lasting Power Of Attorney for Property and Financial affairs or Lasting Power Of Attorney for your Health and Welfare, you need to work with a Solicitor experienced in Wills, Lasting Powers Attorneys, Trusts, and Probate to ensure you receive the best guidance.

Lasting Power Of Attorney For Property And Financial Affairs

A Lasting Power Of Attorney(LPA) is a legal document which enables you to give a person or persons of your choice the legal authority to make decisions for you on your behalf.

A Lasting Power of Attorney for Property and Financial Affairs can be used for:

  • Managing your bank and investment accounts
  • Renting, buying or selling your properties
  • Repairing or renovating any properties you may own if it is required
  • Paying bills for your household and personal expenses
  • Paying for your residential care home or nursing fees
  • Collecting any income you may receive, such as state benefits, employment income or pensions
  • The purchase of any personal items or necessary equipment that is needed
  • The purchase of small gifts to give from you for things such as a wedding, birthday or holiday

You can also set limits for your attorney regarding the kind of decisions they can make on your behalf.  You can cancel your LPA at any time should circumstances change.

A Lasting Power Of Attorney For Health And Welfare

Under your Health and Welfare Lasting Power of Attorney, your Attorney will be able to make decisions about care, long term care or medical treatment on your behalf.

The following are the situations which demonstrate how it can be used:

  • Your Attorney can give consent to treatment or refuse life-sustaining therapies or medicines to be used based on your wishes
  • If you suffer from a degenerative medical condition and anticipate its progression will deteriorate,  your Attorney will be able to help organise whatever you require to ensure that you are well looked after.
  • If you become mentally unable, your Attorney will be able to make decisions to support you to stay in your home if they are able to get a carer to help you.  If it becomes unsafe for you to stay at home, they will have to make arrangements for you to go into residential care. 

Choosing someone you trust while still able is critical.  If you lose capacity before you choose an Attorney, your loved ones will have to make an application for a Deputyship. Order at the Court of Protection.  The process is expensive, time consuming and complicated.

Let Us Help You With Your Lasting Power Of Attorney

We understand that planning for the future can be stressful and the sensitive nature of these conversations. We will help you prepare for your future and ensure your wishes are followed. 

At Elizabeth Middleton Solicitors, we believe in treating everyone with kindness and respect. Our expert legal team specialises in Wills, Probates, Trusts, and Lasting Powers of Attorneys. Gain peace of mind today, and contact us to learn how we can help you.

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Probate

What are the Stages of Probate in the UK?

probate

There’s no arguing that the loss of a loved one is an immensely difficult thing for anyone to experience – suddenly the family is left with the vital task of managing the affairs of the deceased, processing their grief, and continuing with their everyday lives.

In light of all this, we feel that everyone can benefit from being fully informed about the probate process in advance. This article will introduce and explain the basic steps of probate.

1. Check for a Will and a Death Certificate

The very first step in the process is obtaining copies of the Death Certificate.  You will need the original Will and the Death Certificate to start the process.  This will enable you to either make the application yourself or engage a solicitor on your behalf.

Likewise, finding the Will is a critical early step when it comes to administering the assets of the deceased.  There are differences between the probate process for someone who left a Will and one who died without one.  The process for administering an estate where there is a Will is easier, cheaper, and takes less time.

2. Make Contact with Asset Holders

This process refers to contacting all the financial institutions that hold any of the assets of the deceased – typically this will involve banks, life assurance companies, pension providers, insurance agencies, etc. You might need to request an official valuation of the assets held by each of these providers to enable you to ascertain the value of the estates.

3. Pay inheritance tax and apply for a Grant of Probate

Once the total assets and liabilities of the deceased have been ascertained, check whether inheritance tax is payable from the estate.  This will depend on a person’s individual circumstances.  For example, was the deceased single, married or in a civil partnership? In addition, whether they had children or not is relevant in determining how much inheritance tax, if any, is payable.

Inheritance tax must be paid six months after the death otherwise, interest is charged until the tax is paid in full..  Therefore, it is important to find out whether there are monies in bank accounts that are accessible so they can be used to pay the inheritance.  Otherwise, a loan will be required to pay for it.  This is very distressing for the loved ones who are grieving.

After any inheritance tax has been paid, the next step is to apply for a grant of probate or letters of administration if there is no Will. This is the document that enables the Executor to manage and distribute the assets according to the instructions left in the Will.  

Calling in the Assets and Paying debts

After the Grant of Probate or the Letters of Administration have been obtained, the next step is to call in the assets.  This means that the Grant of Probate is sent to the financial institutions requesting them to release the monies that they hold.  

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Before assets can be distributed to beneficiaries, the Executor is advised to place a statutory advertisement in the Gazette and a Local Newspaper where the deceased lived announcing the death and giving an opportunity for any creditors or beneficiaries who are not mentioned in the Will to come forward to assert their claims. Once published, claimants have two months to notify the Executors of their claim after which the estate can be distributed.

5. Distributing the Estate & Final Accounts

The final step is to draft the Estate Accounts to account for all the monies that have been received into the estate by the beneficiaries.

You’re in Good Hands

Elizabeth Middleton Solicitors specialises in probate, drafting Wills, Lasting Powers of Attorney, and Equity Release as a mechanism to reduce inheritance tax.  We provide our legal service with care, sympathy, and understanding.  Contact us today to find out how we can help.

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Will

Elizabeth Middleton Solicitors – Providing for Pets on Your Will

providing for pets

There can be no denying the important role that pets play in the average household in the United Kingdom – indeed since the start of the pandemic, the percentage of pet owners in the UK increased from 45% to 59%. Whether they are regarded as simple animals, beloved companions, or even a fully fledged member of the family, our pets are a vital presence in the lives of countless people across the world.

In that context, it’s hardly surprising that so many people are curious about providing for their pets in their Will. While a human lives much longer than a cat or dog, it’s possible for an owner to pass on while they still have animals in their homes, and wanting to make sure those animals are taken care of after the owner’s passing is only natural. In this article we’ll discuss all the relevant facts of how to provide for your pet’s well being in your will.

Can You Name a Pet as a Beneficiary?

The short answer to this question is “no”. In the eyes of the law, a pet is not a legal entity.  Instead, pets are considered assets, just like money, land, or vehicles – a form of property whose ownership can be legally passed from one person to another. Therefore, if you try to include a pet as a beneficiary in your Will, the gift will be invalid.

There is a silver lining to this fact however – while you can’t actually give money to your pets,  you can leave detailed instructions and conditions for their care.

Even if you can’t leave money directly with your pet, it’s important to arrange some kind of plan or leave instructions for the animal’s care. If you don’t, a beloved pet can easily bounce between new owners within your family, or be given directly to a local shelter.

What Options Exist?

There are a few options available when it comes to creating arrangements that will ensure that your pet is happy and taken care of after your passing. The first option is the simplest and most direct – simply bequeath the pet as a gift, just as you would any other asset. If you have a trustworthy and willing candidate, simply giving them ownership of the pet is the easiest choice to ensure the animal’s well being.

Choosing a Guardian

There are many important considerations to keep in mind when choosing who will take care of your pet: it must be someone that you trust, who will love and take good care of your furry companion, and who is willing to take on the responsibility of a new animal. There are a few vital considerations to keep in mind when arranging for a pet in your will.

Firstly, it’s necessary to have a conversation with the person you’d like to inherit your pet to make sure that they are indeed willing and able to do so. Even a close friend with a deep love for animals may refuse to accept the care of your pet if they lack the time, money, or space to do so.

Secondly, it’s always a smart idea to name a secondary person just in case the first one is not able to look after your pet.

Lastly, it’s possible to leave your pet’s fate in the hands of a charity rather than an individual person. Some charities are highly focused, specialising in particular dog or cat breeds, while many others offer broad services aimed at caring for and rehoming pets in general.

Establishing Financial Care

The final step to consider when arranging for your pet in your Will is providing resources to care for the animal.  Owning a pet can be expensive, so gifting it to a friend with no financial support is not advisable.

The easiest option is to leave money with the person inheriting the pet. However, this doesn’t prevent them from spending the money on things other than your pet’s care, so the safest choice is to establish a trust. This allows funds to be specifically set aside which can only be used for the purpose named in the trust (in this case, the care of your pet), ensuring that the person caring for your animal will have funds to do so, but can’t spend the money on an exotic holiday.

Get Legal Advice

While it’s certainly possible to write a Will on your own without the help of a solicitor, doing so leaves room for mistakes or errors that can prevent your final wishes from being carried out the way you asked. That’s why, when it comes to ensuring that your pets and loved ones are taken care of after your passing, there’s no one more trusted and proven than Elizabeth Middleton Solicitors.

We specialise in Wills, Probate and Equity Release.

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Will

Debunking The Biggest Myths About Writing A Will

writing a will

Death isn’t something most people want to think about or have to plan for, but having a Will is an important preparation to protect finances and provide for loved ones after death. Even if most people think they are too young to write a Will, or that they have no assets to leave behind, there are many reasons to consider writing a Will. Common misconceptions can often stop some from writing a Will.

We will now look at the biggest myths about writing a Will and we will tackle why people often put off writing it.

“My spouse will inherit all my assets”

Even if you are married, it does not necessarily mean your husband or wife will automatically inherit all assets after your death. When you die without a Will, the laws of intestacy apply.  That means that your estate will be shared in a strict order dictated by the law.  The survivor might find themselves owning their property with their children which might bring about some unwanted consequences.  Unmarried, partner will not inherit under the intestacy rules although they have a claim against the estate.

“My family will look after my children”

While we want to think this is an obvious choice after a parent dies, it is not always the case.  If you do not  write a Will, there is no guarantee as who will look after any children you have who are under 18 years old.  Even if there is a good candidate for a guardian among your friends or family, disputes might arise which can be resolved by appointing the guardian of your choice in your Will.

“I don’t have anything to give”

Even if you do not own property at present, review your situation every five to ten years to see whether your circumstances have changed.  If you inherit property, that is the best time to have a Will drafted for you to reflect that change.

“Once you write a Will, it cannot be changed”

You can change your Will at any time as long as you have capacity. Personal circumstances change as time passes by and your personal wishes may change too. Reviewing your Will will ensure that it reflects your circumstances at any point in time.

“It is too complicated to make a Will”

While some think that creating a Will is an expensive process or is too time-consuming, it can actually be less work and less money than the cost and time involved if you don’t have one.

Will and Trust Expertise with Elizabeth Middleton Solicitors

While the thought of writing a Will may be daunting, it does not have to be a disheartening experience and we can offer you peace of mind that we will look after you during the process.

Elizabeth Middleton Solicitors are here for you with an experienced and considerate team to guide you through making a Will or trust. Contact us today for more information and let us help you create a plan for the future.

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Probate

How Long Does it Take to apply for a Grant of Probate in England and Wales?

probate

It is a difficult time when a loved one passes and figuring out the process afterwards when it comes to what to do about their Will, estate, assets, debts, or inheritance tax if it is payable can add to the stress.  A grant of probate is a document that proves you are the appointed Executor of a Will and after it has been proved (which means that it can be used), you can collect assets, pay debts, and distribute any remaining assets to the beneficiaries. 

A Probate Lawyer is usually the most well equipped for this and able to help you through the process, but there are commonly asked questions surrounding the timeline and understanding the process.

How long does probate take?

On average, the probate process can be around 12 months to two years to complete. This can take longer if the estate becomes complicated and many factors can affect how long it takes.  Revenue and customs authorities can take up to five months to process the inheritance tax.  In order to complete this process more quickly, it is helpful to pay the inheritance tax as soon as possible.  This might mean borrowing money or obtaining a bridging loan to pay the inheritance tax as the loved one’s assets cannot be accessed without the Grant of Probate.

Applying for a Grant of Probate where the loved one left a Will:

Typically, applying for a Grant where the loved one left a Will is quicker than one without.  

There are factors that can affect the amount of time that it takes:

  • Knowledge of the assets and liabilities that comprise the person’s estate.  We at Elizabeth Middleton Solicitors often advise our clients to keep a lever arch file which has the details in dividers so that the Executors can easily find them.
  • The size of the estate
  • The complexity of the estate
  • How much is known about the assets in the estate
  • The time it takes for your probate provider to prepare your application

When submitting an application for a Grant of Probate, there are details you will need to prepare for as soon as possible:

  • Getting the property valued
  • Having paperwork stating where all the assets and liabilities are.
  • Corresponding with assets holders such as banks, pension providers, and other financial institutes to find out about how much money is in each account
  • Gather information about debts or gifts within the last 7 years
  • Calculating how much inheritance tax is owed
  • Using the government’s Tell Us Once service

Considering the complex legal and tax issues that might be resolved when a loved one has died, the probate process can be a burden as well as time consuming. The probate application will take time to process and depending on how it  is handled, it can greatly impact the stress levels for the family.

Who can apply for probate?

If the loved one left a Will, they will have appointed Executors.  They are the people who will apply for the Grant of Probate.

What factors can affect how long it takes to obtain the probate?

Depending on the complexity of the estate, there are varying factors that can affect the probate process.

Contentious probate happens when there are disagreements over the deceased person’s Will which cannot be resolved by the family without help. Disputes will delay the process and prevent any of the estate from being administered until the issues have been resolved. When there is property involved with the estate, it becomes much more difficult compared to money or other physical assets. If assets are held overseas, it is a longer and more complex process to obtain the assets as a Probate Lawyer may have to be instructed to deal with that part of the estate.  If an Executor does not have enough time to handle the probate, the process will take longer. Hiring a Probate Lawyer can help the process along quicker if this is the case.

Trusted Probate Services with Elizabeth Middleton Solicitors

Managing the probate process can be exhausting and daunting, especially while mourning the loss of a loved one. Disputes or complex issues within the Will can make this process that much more cumbersome and it is understandable why an Executor would need help managing through such a challenging time.

At Elizabeth Middleton Solicitors, we want to help. Contact us today to learn more or schedule a consultation.

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Lasting Powers of Attorney

Can I Appoint Attorneys in My Power of Attorney?

power of attorney

If something happened to you tomorrow, could your family and loved ones rest easy knowing your affairs are being taken care of? While it may not be a pleasant subject to face, the fact is that we should all be prepared for the eventuality that an accident could happen and potentially leave us incapable of making necessary decisions about our lives. 

Although this may be a difficult, unpleasant, or even tedious situation to envision, making sure that your affairs are in order is a vital step in making sure that your wishes can be met and your family and that your loved ones are provided for. 

For this reason (and many others), everyone should appoint at least one trusted individual as their Attorney to ensure that their wellbeing is well handled if anything unexpected should happen. This article will explore some of the most important information you should keep in mind when choosing how to appoint your Power of Attorney. 

What is a Lasting Power of Attorney (LPA)?

A person with LPA has the power to make legal and health decisions on your behalf if you become unable to make those decisions yourself.

There are two different kinds of LPA, which can cover either financial affairs or health and wellness choices. It’s possible for a single person to be granted both kinds or to grant LPA over one category but not the other. 

Choosing a Lawyer with LPA

It’s critically important to pick a good candidate when it comes to choosing the person who will have legal power over your affairs. While it’s possible to appoint a professional solicitor with LPA, it’s common to appoint a spouse, friend, or relative to the position as well. 

Any individual you choose must be at least eighteen years of age, must have the mental capacity to make legal decisions, and of course, must be someone you trust to handle your affairs and respect your wishes. 

Appointing More than One Attorney in Fact

Is it possible to appoint more than one person with LPA? The short answer is yes, but there are multiple factors to consider.

How Many Attorneys Can I Appoint?

Technically, you can appoint up to four people to have LPA over your affairs. 

Multiple Attorneys: Jointly or Individually? 

When appointing LPA to multiple parties, you have an important choice about how decisions will be made. 

  • Working Jointly Together – In this situation, all attorneys who are appointed in the LPA must come to an agreement before making a decision. This is valuable if you specifically want all the parties involved to be in agreement on certain topics but also poses a risk – opposing views can hold up a final decision, potentially leaving you without care. 
  • Working Jointly or Individually – The more flexible (and popular) option allows people with LPA to make decisions either as a group or individually.

The Advantages of Having More Than One Attorney 

There are several reasons why someone may want more than one person to have LPA over their affairs – first and foremost is the fact that it can be advantageous to have more than one perspective when making important decisions. 

Even if you completely trust someone to have your best interests at heart when making decisions on your behalf, it may be valuable for their decisions to be tempered by someone who knows you in a different capacity (say, a close friend as opposed to a relative), or by someone with a different stake in your financial or medical decisions. 

For example, you might want your spouse to have direct control over your finances, while you may prefer a friend to make a difficult decision about continuing your life support. It all depends on your personal circumstances and wishes.

Replacement Attorneys 

The second major advantage of appointing more than one person with authority to make decisions under your LPA is that it allows you to have a backup Attorney if one of the people you have chosen can no longer act. 

Schedule an Appointment with Elizabeth Middleton Solicitors

We know that thinking about the future can be stressful. We believe that everyone should be treated with respect, kindness and receive a personal service that meets their needs in a relaxed, un-rushed environment. 

Elizabeth Middleton Solicitors is here to help you prepare for the future and ensure your wishes are followed, which is why our expert legal team specializes in Lasting Power of Attorney, Wills, Probate and Conveyancing

Don’t wait for life to happen – Get in touch today to learn more about our LPA services and gain the peace of mind that your future is taken care of.

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Will

What Are the Risks of a DIY Will?

DIY Will

Having a Will is the responsible thing to do to ensure that your loved ones are taken care of and that your estate is protected after you pass away. Many people try to save money by creating a DIY will, however, a DIY Will containing mistakes can cause complications and even render your Will invalid.

Potential Risks of a DIY Will

Here are some common mistakes made in DIY Wills:

  • Not using the Executors or beneficiaries full names. 
  • Amending your Will after you have signed it.  The Probate Registry will query any changes on the face of the Will which were made after the Will was signed.  This will cause delay and may be costly.
  • Not following the strict rules in place for witnesses.  This will invalidate the Will.

When you use a template to create a DIY Will, you simply fill in blanks on a standard document. There is no one to guide you, let you know if there are mistakes and no one to accept responsibility should your Will be incorrectly written.

Without a valid Will, the intestacy rules set out who benefits from your estate. So while it may be tempting to save money and write your own Will, turning to a professional will be better for your loved ones in the long run. 

What Are Rules of Intestacy?

If a person dies and there is no valid will in place, their estate gets distributed according to intestacy rules. A person who passes away without a Will is referred to as having died intestate.

Intestacy rules allocate your estate to members of your family in a specific order.  They are as follows:

  • If you are married or have a civil partner with no children, your spouse or civil partner will inherit your entire estate.
  • If you are married or have a civil partner with children (biological or adopted), your spouse or civil partner and your children will each receive half of your estate.
  • If you are unmarried with children (biological or adopted) or grandchildren, your children will receive the proceeds of your estate when they turn 18. If you have more than one child, they will receive an equal share. If a child is deceased, your grandchildren or great-grandchildren will inherit their parent’s share.
  • If you are unmarried with no children, your estate will go to your parents, your siblings (if your parents are deceased), your grandparents (if you have no surviving parents or siblings), and then to aunts, uncles, or cousins.
  • If you are unmarried and have no living family, your entire estate will go to the Crown.

You can see the importance of having a valid Will in place. If you do not, people that you don’t want to leave property to may receive it. 

Benefits of a Solicitor Drafting Your Will

Drafting a Will can be a complicated process. Your Will must be worded correctly to communicate your wishes accurately. 

An experienced solicitor will also know what questions to ask to ensure all property and interests that make up your estate are included in your Will. They can also advise you on more complex financial or family situations, as well as how to set up your Will to reduce the tax burden that will fall upon your beneficiaries when inheriting your assets.

Don’t Risk Your Family’s Future on a DIY Will, Call Elizabeth Middleton Solicitors. 

Something as important as your Will shouldn’t be left to chance. That’s why you should leave creating a Will up to an experienced professional solicitor who can ensure that your will gets drafted in a legal manner so that your estate can be distributed how you intended.

Making a Will and updating it regularly is the best way to ensure your assets are distributed according to your wishes after you die. Elizabeth Middleton Solicitors can help you write a Will that will state your wishes and make sure that it protects your family from any unnecessary taxes and care fees. We can even review a DIY will to ensure its validity.

Contact us today to schedule a consultation.

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Will

What Makes a Will Invalid?

makes a will invalid

In the past, it was common for people to instruct their solicitors to draft their Will. In recent years, however, do-it-yourself Wills have become common. While it may seem simple enough to fill in the blanks on a template, by not hiring a solicitor to draft your Will, you are leaving your Will open to the risk of being contested and possibly even being deemed invalid by the courts.

The requirements for a valid Will are set by law. When a Will doesn’t meet the requirements, it can be considered invalid. If that happens, the distribution of the estate is done according to the rules of intestacy.   An intestate person is one who dies without a Will.  If intestacy rules come into play, the people who inherit your estate are set by law.

To avoid causing undue stress and heartache to your family when you pass away, you need to make sure that you have a Will.

Below, we list some of the most common reasons why a Will can be found invalid after one’s death.

The Will Was Executed Improperly

A Will must be in writing, signed by the owner, in front of two witnesses.  This means that the person writing the Will (the testator) must sign their Will, or they need to acknowledge their signature in front of two witnesses who will then sign the Will.

The Witnesses must be over the age of 18 years old. If they or their spouse are beneficiaries of the Will, anything gifted to them in the Will fails. 

The Testator Was Under ‘Undue Influence’

For a Will to be valid, the testator must make it voluntarily. It must reflect their own wishes. A testator cannot make their Will while under duress. If someone claims that the testator made the Will under undue influence, the claimant must provide proof.

The Testator Didn’t Have the Mental Capacity to Make the Will

If the testator didn’t have the required mental capacity when signing the Will, it can be challenged.  If the challenge is successful, the estate will be divided according to the intestacy rules. 

you know the extent of the property that you own.

Marriage Revokes a Will

Many people are unaware of this rule, but it’s important to remember that marriage will revoke a your Will. Therefore, please contact us so that we can draft a new Will for you after your marriage..

If can have a Will made in contemplation of marriage.  That will make sure that your Will remains valid even if you get married.

Let the Experts at Elizabeth Middleton Solicitors Draft Your Will

An invalid Will can cause significant problems when it comes to applying for the Grant of probate.  It can also cause rifts in the family and lead to litigation. That is why it is essential to take all steps possible to ensure there is nothing in your Will causes it to be deemed invalid after your death.

To ensure your estate is taken care of promptly, having a Will is the best course of action because it enables your Executors to either apply for the Grant of Probate themselves or instruct a solicitor.  

Elizabeth Middleton Solicitors are an experienced and considerate team.  We will assist you with all your estate planning needs. Contact us for more information about writing your Will, as well as your other legal needs for Probate, Lasting powers of attorney and equity release.

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Will

Writing a Will? Avoid These Common Mistakes

writing a will

For such a crucially important document, it’s surprising how many adults in the UK don’t have a Will in place to protect their estate and provide for their loved ones in the event of their passing. What’s more, due to the complicated legal nature of this vital document, many Wills can contain easy-to-miss errors.

So whether you’re writing up a Will for the first time or reviewing an existing one, take a look at these tips to avoid common mistakes that could leave your loved ones in a tough spot.

10 Mistakes to Avoid When Writing a Will

1. Not Having a Will at All!

As we mentioned, a surprising number of adults don’t have any kind of Will at all. If you die without a Will in place, your assets will be distributed according to intestacy rules – a strict legal hierarchy that prioritises some family members over others. From greatest to least priority, this list is:

  • Spouse or civil partner
  • Children/grandchildren
  • Parents
  • Brothers and sisters
  • Grandparents
  • Uncles and aunts

Naturally, this system leaves no room for the different dynamics within families and can potentially leave beloved family members (or non-relatives) with nothing. 

2. Incorrect Number / Type of Witness

For a Will to be valid, it must be signed in the presence of two different witnesses, who must also sign the document. If a Will doesn’t have enough witnesses, or if the people chosen cannot legally serve as witnesses, your Will is at risk of not being valid. 

To be considered a valid witness, a person must be at least 18 years old and be physically present at the document’s signing. However, the most common and easiest mistake to make is that a witness must neither be a beneficiary of the Will nor can they be married to a direct beneficiary otherwise they cannot benefit from the Will.

3. Making Changes to a Signed Will

Once a Will has been witnessed and signed, making changes on the face of the Will do not make them effective.  If a change is necessary, it must be written up as a codicil – (a document adding or changing a clause) or it can be rewritten.  . 

4. Failing to Keep the Original Copy

While keeping photocopies of essential documents is a smart and practical idea, you need to be sure you keep the original copy of your Will in a place where it will be both safe and easily accessible after your passing. 

Without this original copy, the executor will have a complicated and expensive process to enable them to get a Grant of probate before they can make to ensure that your wishes are met.

5. Excluding Stepchildren

Many don’t realise that simply referring to “my children” in one’s Will does not cover stepchildren. While adopted children are considered legally the same as biological ones, you will need to specifically mention your stepchildren to successfully pass assets on to them.  

6. Failing to Update After Major Life Events

Life is often complicated and your Will needs to be updated after big life events. Did you know that your Will is automatically invalidated if you get married after it’s written?

It’s necessary to look over and update your Will after major life events such as getting married, getting divorced, or the death or birth of a family member. 

7. Being Too Specific

While being clear and unambiguous is vitally important in a Will, being too specific with personal items can lead to problems or confusion. One of the commonest issues is with vehicles – if you want to leave a car to a specific family member, referring to the vehicle by make or model in your Will can confuse your intentions if you no longer own that specific car at the time of your death. 

It’s best, therefore, to use general terms like “the vehicle in my possession” or, if you do want to be very specific, to always update your Will after buying or selling major assets so that your wishes can be accurately followed (which is highly recommended, regardless).

8. Lacking Capacity

A Will is only binding if it’s made while you are of sound mind.  You can’t give instructions or draft a Will if you are drunk or under heavy medication. 

9. Assuming You Will Die Before Beneficiaries

While it’s usually assumed that the owner of the Will will die before their beneficiaries,, it doesn’t always happen that way. Just to be safe, you should always include backup plans and conditional scenarios to account for the premature death of any of your beneficiaries, and update your Will in the case of the passing of a beneficiary. 

10. Writing a DIY Will

If there’s anything to glean from this article, it’s that writing a Will can be a messy and complicated process. Simply writing up some instructions and signing a piece of paper leaves a high chance for something going wrong. Don’t leave your estate planning to chance — work with a legal professional to ensure that your Will is legally binding and crafted for you and your loved ones’ best interests.

It’s No Secret That You Need a Will

To ensure your estate is taken care of promptly, a Will is the best course of action. Your loved ones will be able to handle your last wishes with ease when they are outlined clearly.

Elizabeth Middleton Solicitors are at the ready with an experienced and considerate  team to assist you with your estate planning needs.  Contact us for more information about writing your Will, as well as your other legal needs for Probate, Lasting Powers of Attorney and Equity Release.

Categories
Will

Appointing a Legal Guardian in Your Will

legal guardian

No one wants to think of something happening to them that leaves their children without parents. However, appointing a legal guardian in the event of your death is essential.

The role of a guardian is important when it comes to protecting the well-being and interests of a child under the age of 18 or a person unable to care for themselves. A legal guardian is an individual appointed by a court to be responsible for a child or a person who cannot care for themselves due to disability, illness, or age.

Before making this important decision, it’s essential to know what is involved in not only naming a guardian but also what is expected of this person. This article will discuss the importance of appointing a legal guardian, their responsibilities, and how to appoint one in a Will.

Importance of Appointing a Legal Guardian

Appointing a legal guardian is crucial to ensure that your child or dependent is taken care of in the event of your death or incapacity. Without a legally appointed guardian, the court must determine who should take custody of the child or dependent, which can cause unnecessary stress and conflict for all parties involved. By appointing a legal guardian, you can ensure that your child or dependent is cared for by someone you trust and who shares your values and beliefs.

Responsibilities of a Guardian

A guardian has several important responsibilities that they must fulfill to ensure the well-being and safety of the child or dependent. These responsibilities include:

  • Providing for the basic needs of the child or dependent, such as food, shelter, and clothing.
  • Making decisions regarding the child’s education, healthcare, and general welfare.
  • Managing the child’s assets and finances.
  • Ensuring that the child’s emotional and social needs are met.
  • Providing a stable and loving home environment.
  • Advocating for the child’s best interests.

It is important to choose a guardian willing to take on these responsibilities and capable of doing so. Consider the guardian’s age, health, financial stability, and ability to provide a stable home environment when selecting a guardian.

How to Appoint a Legal Guardian in a Will

Appointing a legal guardian is typically done through a Will. Here are the steps you can take to appoint a legal guardian in your Will:

  1. Choose a Guardian: The first step is to choose a guardian for your child or dependent. It’s important to select someone willing and able to take on the responsibility of being a guardian.
  2. Create a Will: You will need to create a Will that outlines your wishes regarding the care of your child or dependent in the event of your death or incapacity. Your Will should include the name of the guardian you have selected.
  3. Consult a Qualified Solicitor: It is advisable to consult with a solicitor to ensure that your Will is legally binding and accurately reflects your wishes.
  4. Communicate Your Wishes: It’s important to communicate your wishes to your selected guardian and any family members or loved ones affected by your decision. This can help avoid confusion and conflict in the event of your death or incapacity.
  5. Update Your Will: You should review and update your Will periodically to ensure that your wishes are accurately reflected and to make any necessary changes to your choice of guardian.

It is important to note that appointing a legal guardian in a Will does not guarantee that the court will follow your wishes. The court has the authority to override your selection if it is deemed to be in the child’s or dependent’s best interests.

Let Elizabeth Middleton Solicitors Help You Draft Your Will to Protect Your Family

You know what’s best for your children, including knowing who is best to take care of them in the event of your untimely death. Naming a legal guardian in your Will can give you peace of mind knowing that someone you love and trust will be caring for your children if you can no longer. Following the steps outlined above, you can appoint a legal guardian in your Will and ensure your wishes are accurately reflected.

At Elizabeth Middleton Solicitors, we want to help you draft a Will that can provide you with peace of mind for the future. We can help you write a Will that protects your family to ensure that you can care for your loved ones even after you’re gone, and we can help you keep it updated as life’s circumstances change.

Contact us today for a consultation in our private office in Winnersh Triangle or in the comfort of your home.