How often should I review my Will?

Every three years or as soon as there are changes in your wishes or personal circumstances. You should also consider the suitability of your guardians, executors, trustees and beneficiaries named in your Will.

Do I have to wait until I am divorced to write a new Will?

No. Divorce proceedings can take a long time to complete so it is recommended that you make a new Will to avoid your estranged spouse / civil partner automatically inheriting via your current Will or intestacy.

How do I protect my child's inheritance if my spouse / civil partner remarries?

You can include a trust in your Will to safeguard your children's future inheritance. We can advise you about trust options to suit your needs during your consultation.

Who can be a guardian?

A guardian can be a friend or family member who is over the age of eighteen. You should consider the guardian's health, age, lifestyle and ability to care for your child.

I'm married - will my spouse get everything even if I don't make a Will?

Not necessarily. Under the current intestacy rules, it depends on the size of your estate and whether you have any children. Intestacy causes delays and complexity. For families with children, the division of assets can create co-ownership problems and an Inheritance Tax liability. Making a Will protects your family from this.

Where should I store my Will?

Your Will is an important document that needs to be kept safe. If it is lost or tampered with by others this could create problems at Probate and your wishes may not be carried out. We offer a secure storage service to give you peace of mind.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that enables you to appoint people you trust to make decisions for you if you are unable to do so yourself.

What types of decisions does this cover?

There are two types of Lasting Power of Attorney and it is recommended you have both.

1. Property and Financial Affairs

This covers paying the bills, mortgage, access to bank accounts, paying for care or treatment, buying, selling, maintaining your property, pensions, investments, benefits and allow your attorneys to communicate with professionals such as financial advisers, banks and accountants.

If you run a business, a Lasting Power of Attorney can be critical to enable it to continue. A specific Lasting Power of Attorney can be set up if you want different attorneys to manage your personal finances and business.

2. Health and Welfare

This covers day-to-day care, where you live, medical treatment, alternative therapies, expressing your personal wishes and beliefs and end of life decisions.

A Lasting Power of Attorney for health and welfare enables your attorneys to speak to medical, health and social care professionals on your behalf so that your wishes are known. This can determine the care and treatment you receive.

What happens if I don't make a Lasting Power of Attorney?

If you don't have a Lasting Power of Attorney in place, your family will need to obtain permission to act for you from the Court of Protection. This can be a very stressful and expensive process that can take several months and cost thousands of pounds in legal and medical fees. In the meantime, your family will be stuck and unable to assist you.

Many people mistakenly believe that if they are married and/or have joint accounts that they don't need Lasting Power of Attorney.

Bank accounts can be frozen and being married does not give you power to decide for your spouse/civil partner if he/she is incapacitated.