Estate Planning is a topic that should be emabraced by every adult

Too many people procrastinate when it comes to writing a Will. It maybe because they have a dislike of thinking of their own mortality or think they don’t have enough in the way of assets to worry about it or even that making a will is too expensive. Well, if you didn’t know before there is more to making a Will than directing where your assets go. At the very least it can spare you loved ones turmoil in the aftermath of your passing.

Make a Will
If you make a will you can decide who gets your assets and who does the distribution for you. If you have young children you can appoint a Guardian to care for them, otherwise if there is no living parent the social Services are responsible and a Court decides on your child’s future.

Make a Lasting Power of Attorney
With the two types of Lasting Power of Attorney you can appoint someone to look after your financial interests and make decisions concerning your medical treatment if you become are unable to do so. You can only make an LPA if you have proper mental capacity.

Consider Advance Decisions
You can use an advance decision (called an advance directive as well) to state your wish to refuse all or some forms of medical treatment if you lose mental capacity in the future, including resucitation. You can’t use it to request treatment. It works to give you the final say in this aspect of medical care. If made after you make an LPA it will take precedence.

You can do all of the above without any help from a professional but bearing in mind the importance of all these matters you would be well advised to seek some professional guidance.

If you would like some advice or to arrange a visit please call Bill Ryan on 01225 582582 or 07942 959599 or use the contact page and I will call you back.

Affordable peace of mind for people from all walks of life and for those not wanting the cost of a high street solicitor.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

Are you unmarried partners without a Personal Welfare Lasting Power of Attorney (LPA)?

What happens when an unmarried individual lacks the mental capacity to make their own choices. Normally, it falls to their next-of-kin, which could be parents if they are alive, or children, or failing that then a brother or sister and so on. Whoever it is will be called on to make important and maybe difficult decisions.

So without an LPA in place it is quite possible that a relative who is unclear of the wishes of the individual concerned is left to make very important decisions on their behalf.

For an unmarried individual without an LPA, the process of selecting who is to make decisions on their behalf should they lose mental capacity is out of their control, to a certain degree.

What’s different between an unmarried couple without an LPA and a married couple or civil partners without an LPA?

For a married person or civil partner, the next of kin is always their spouse or civil partner. This is straightforward as the decision making will vest in them. It is still advisable to have an LPA in place to allow the individual to retain control over who should be given decision-making powers on their behalf. Importantly, it gives an opportunity to select additional people to act as an attorney and the also option to name replacements in the event that an attorney is unable to act.

A partner who is not a spouse or a civil partner will not normally be ‘legally’ able to make decisions, on behalf of their partner in the event of lost mental capacity.

How does having a personal welfare LPA help?

By having a personal welfare LPA an individual can dictate who is to make decisions about them, should they lose mental capacity. They can name their unmarried partner as an attorney with the requisite legal authority. Thus a personal welfare LPA gives an unmarried couple the opportunity to put themselves in the same position as a married couple or civil partners in relation to the decision making in the evnt mental capacity is lost. So it can help to remove the a layer of uncertainty and vulnerability that can affect an unmarried individual later in life.

When should I make an LPA?

It can be too late to make an LPA. That’s because an LPA can only be drawn up whilst still mentally able to do so. Once a person is deemed to be mentally incapable it is just too late to do it. At this stage the normal recourse is through the courts which can be stressful and expensive.

If you would like to arrange a consultation please call Bill Ryan on 01225 582582 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

Bill Ryan of Lawscape is based in Corsham in Wiltshire. Those of you who know the area will appreciate that Corsham is well placed to access Bath which is only about 8 miles away and is only 4 miles from Chippenham.

It is based on an initial friendly and free no obligation consultation in your own home or if you prefer at your workplace. In broad terms Bill is more than happy to see clients within an hour or so travel from Corsham. So, if for example, you live in Swindon, Bristol, Westbury, Trowbridge, Devizes or Cirencester, we would be very pleased to offer you our services.

If you make an appointment you will receive a letter with our terms of service and , a price list so you know in advance the cost of our range of Wills, Trusts and other Legal Services. You will also receive a short ‘to-do’ list asking you to gather certain relevant information and consider some ‘important matters’ to be ready for the appointment.

The information you furnish will allow Bill Ryan to give you proper advice and provide an outline of the possible solutions that meet your requirements. You and only you decide if you want to take up any of these options. There is no selling and absolutely no pressure. That is a promise.

If you would like to arrange a consultation please call Bill Ryan on 01225 582582 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

Any parent with a disabled child will be concerned about providing for that child’s special needs after his or her death.

By making a Disabled Discretionary Trust you appoint someone (i.e. one or more trustees) to make financial decisions regarding the inheritance for your disabled child. There must be more than one potential beneficiary or the trust cannot be discretionary in nature. Your wishes are expressed through a ‘letter of wishes’ which gives the trustees guidance, but is not binding. Yet again if the letter of wishes was binding there would be no discretion and therefore no discretionary trust.

Most importantly it is designed to conform with current legislation to ensure it does not affect your disabled child’s entitlement to benefits.

It is of prime importance that the trust is set-up correctly or it may fail and deprive your child of the full benefit of the inheritance you had planned for.

If you would like to arrange a consultation please call Bill Ryan on FREEPHONE 0800 878 6565 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.

New Intestacy Distribution Rules are now in force.
The new statutory limits for Intestacy are:

As of 1 February 2009 there are a new set of figures for distribution of a deceased person’s estate following intestacy.

£250,000 (from £125,000) where there is a surviving spouse or civil partner and children.

£450,000 (from £200,000) where there is a surviving spouse or civil partner and parents or siblings, but no children.

In each case, for estates with a valuation lower than the statutory limit, the spouse or civil partner will inherit the entire estate.

Application of the statutory limits

When the estate exceeds the minimum (i.e. the statutory limits) the rules apply as follows:

For a spouse or civil partner, and children:

The spouse or partner gets the personal chattels, the first £250,000 and a life interest in half of what is left.

The children of the deceased, share between them half what is left straight away, if they are 18 or over; and the other half when the surviving parent dies.

For a spouse or civil partner, and relatives but no children:

The spouse or partner gets the personal chattels, the first £450,000 and half what is left.

The parents of the deceased, or if they have died, the siblings or their descendants, share the other half of what is left.

If there is a spouse or civil partner, but no other relatives:

The surviving spouse or partner gets everything.

If there are children, but no living spouse or civil partner:

The children share everything equally.

If there is no spouse, civil partner or children:

Everything goes to the next available group of relatives.

Finally, if there are no available relatives the estate in its entirety goes to the State.

The Justice Minister, Bridget Prentice, commented that many people wrongly assume that when their partner dies, they will automatically be entitled to everything. Clearly this is not the case and the importance of making a will cannot be over-emphasised. In other words Intestacy can be a problem!

David Thorner, 58, from Wookey, near Wells, worked unpaid for his father’s cousin, Peter Thorner, at Steart Farm, Cheddar, for 30 years. For 15 years David also helped care for his then frail relative. Peter died intestate in 2005 having revoked an earlier will under which David would have inherited the farm.

Last year Judge John Randall QC found in favour of David Thorner’s plea that Peter was bound by conscience to leave him the 200-acre estate. The Judge ruled that Mr Thorner should inherit the farm worth over £2 million and Peter Thorner’s sisters and niece should share £750,000.

The Appeal Court reversed the decision, awarding the whole estate to the sisters and niece. Lord Justice Lloyd commented that the source of the dispute rested with Peter’s failure to make another will before he died.

Now before the House of Lords. Mr Thorner asked the Lords to rule he should inherit the farm, as he would have done under the original will.

Papers before the Lords indicated that Peter Thorner gave David Thorner “unstinting help” over the years. He never received money for his work and lived with his parents until they died with his only income being the pocket money they gave him.

The hearing continues and will focus on complex arguments over the laws of intestacy.The decision make take some weeks.

One thing is clear, having no valid will has caused a lot of anxiety for all parties and created a lot of lucrative work for the probate lawyers. A right Somerset mess!

If you would like to arrange a consultation please call Bill Ryan on FREEPHONE 0800 878 6565 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.