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xxWhy make a will?

Death is something none of us likes to think about. This is probably why the majority of people don't have a Will.

However making a Will is simply providing a plan to loved ones who live on after your death.

Your requirements will be unique - which is why we offer a bespoke service in the comfort of your own home. You can of course visit the office if you prefer. Some considerations are listed below - more details are available via the tabs above - or of course please contact us!

Through your Will you can:

  • Name Legal Guardians for your children
  • Detail specific legacies to friends or charities
  • Mitigate Inheritance Tax in certain situations
  • Protect the benefits of disabled beneficiaries
  • Protect your assets from funding your Care Home Fees
  • Safeguard your children's inheritance against your partner remarrying and leaving everything to extended families
  • Exclude certain individuals from inheriting
  • State your wishes regarding your funeral
  • and much, much more

Don't leave it to chance - making your Will also offers you complete peace of mind.

xxLasting Power of Attorney (LPA)

Who would be allowed to look after your affairs if you were unable to?

Chances are, no-one apart from you.

Without a Lasting Power of Atorney (LPA) already drawn up, your loved ones do not have any authority to handle your affairs and have to apply to the Court of Protection to gain legal permission. All this takes a significant amount of time and money - upwards of a year and £1,000's to gain legal authority (see the Office of the Public Guardian website for more details).

Lasting Power of Attorney (LPA) documents allow you to appoint people you trust, such as members of your family or friends, who can step in and make decisions on your behalf.

In fact there are two types of LPA documents available to you:

  • one allows the people you trust (your attorneys) to make decisions relating to your finances and property when you can't make decisions for yourself.
  • the other allows your attorneys to make decisions relating to your personal welfare and even healthcare when you can't make decisions for yourself.

Please see the LPA Comparison page for full details of how a Lasting Power of Attorney could be of benefit to you.

These are far more flexible than the old Enduring Power of Attorney (EPA) documents. It is also well worth contacting us if you have an existing EPA to find out what extra benefits and security the new Lasting Powers of Attorney documents can provide to you.

Please note: An LPA can only be used when it is registered with the Office of the Public Guardian (OPG).

xxQ. What is the difference between having Lasting Power of Attorney and not?

A. Very significant indeed - see below.

This powerful legal document allows an individual to appoint an attorney/attorneys in advance to deal with their affairs (in separate elements: Property and Affairs, Personal Welfare, or both) if they become unable to look after themselves, either through physical or mental incapacity.

1 to 4 attorneys can be appointed to act jointly, or jointly and severally. Jointly is more secure as all attorneys must be present when a transaction is performed; jointly and severally is more convenient as attorneys can work on certain parts of the donor’s affairs separately from each other. Attorneys can be appointed jointly for some matters (property decisions, for instance) and jointly and severally in less important matters – the documents are designed bespoke to your wishes

The LPA can be used as soon as it is registered with the Office of Public Guardian (at a cost of £110 PER ELEMENT).

Without an LPA the Office of the Public Guardian will appoint a deputy to deal with the affairs, and will monitor the actions of the receiver. This expensive process can take between 8-12 months to be put into place and involves a lot of paperwork initially and annually.

Without LPA With LPA

Commencement fee: £400

Payable when submitting the initial application.

Cost of LPA: £225 - £355 (single) £355 - £550 (couple)

£110 to register each element with Office of Public Guardian

GP Fee: £60

Medical confirmation of incapacity
No medical evidence required – can be registered before incapacity

Appointment fee - £315

Payable when the Court appoints a receiver for the first time.
Attorneys already appointed (Replacement Attorneys can also be nominated)

Administration fee: £190/£240 annually

Due annually on the anniversary of appointment of receiver.
No ongoing costs

Solicitors fixed fees: £2400 - £3090 + VAT

  1. Initial work to enter First General Order
  2. Preparation & lodgment of receivership account
  3. confirming the Donor was mentally capable to order LPA
  4. General management costs
  5. Applications for Trustees appointments
  6. Correspondence with OPG
  7. Work up to the appointment of replacement receiver
  8. Preparation of Inland Revenue income tax returns
Home to Home Wills acts as ‘Certificate Provider’

 

Only basic records needed

Ongoing annual costs: £710 - £1175 +VAT

General Management work
Income tax returns
 

Winding Up Fee: £290

Payable on death of client
LPA becomes void upon death with no fees to pay.

Slow
Expensive
Cumbersome

Quick
Inexpensive Straightforward

Can you afford not to have one?

These figures are a general guide and can be subject to variation from time to time

Living WillsAdvance decision and Living Wills

Relieving the burden from the shoulders of your loved ones and avoiding family confrontations.

You can decide upon your own medical treatment in advance

Would you like to state your wishes in advance regarding your medical treatment if you became seriously ill and were unable to make or communicate your own choices?

An advance decision is a legally binding document which allows you to retain control over future medical decisions. It gives specific details with regard to medical treatment should you be incapable of communicating your wishes. It can request that life sustaining treatment is refused if there is no ongoing quality of life or hope of recovery.

It is legally binding as long as, at the time of signature, you:

  • are deemed mentally capable of making the decisions contained within the Living Will;
  • understand what will happen in consequence of the Living Will;
  • make clear what future treatment is requested with regard to medical circumstances that may later arise;
  • make the Living Will voluntarily and not under the influence of someone else.

The Living Will is used to follow your directions if you do not wish to be subjected to any medical treatment intending to prolong your life if in the view of two independent doctors you are unlikely to recover from illness or impairment.


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