What is a Will?
Ans: A Will is a legally binding document that sets out your wishes ensuring your loved ones are taken care of after your death. By leaving a Will you can state who gets your property and money when you die therefore preventing unnecessary distress at an already difficult time for your family and friends. It also allows you to choose guardians for any child under 18 years old to ensure they are bought up in a safe and loving environment.
What happens if I die without a Will?
Ans: When you die without leaving a Will the law decides who gets what – and how much. You lose control. The court even decides who becomes the legal guardian for your children.
Why not do it yourself?
Ans: This may look like a cheaper option but simple mistakes could prove costly in the long run as your Will could be challenged or even disregarded altogether. A badly made Will could also land your relatives with legal fees running into thousands of pounds dwarfing the fees charged by the professionals to draw up your Will.
What is the cost of a Will?
Ans: Contrary to belief a Will does not have to cost a fortune. JH Legal Services cost from as little at £125.00 from the comfort of your own home.
What is a Last Power of Attorney?
Ans: A Lasting Power of Attorney is a legal document that allows someone to manage the affairs of another person whether it be in respect of Health and Welfare or Property and Finances. It gives someone you trust the power to act on your behalf. It can be used when the person has full mental capacity and can continue to operate after the donor has lost mental capacity. You can decide exactly how much authority your ‘Attorney’ would have and whether you want to impose any restrictions.
Who should I appoint?
Ans: When appointing attorneys you can appoint family or friends but it needs to be people you can trust. However, if you have substantial assets or a complicated portfolio of assets then you may wish to appoint a professional attorney, for example an accountant or a solicitor.
What happens if I don’t have a Lasting Power of Attorney?
Ans: If you do not make a LPA and loose your mental capacity those who wish to assist you will need to apply to the Court of Protection in order to act on your behalf. The Court of Protection will consider the facts before it can decide on what is in your best interests and may appoint a deputy to act on your behalf. Dealing with your financial affairs would be virtually impossible without someone authorised to act on your behalf. Relatives can face long delays, expense and distress if they have to go through the Court of Protection to be permitted to act as your Attorney.