This deed can be created whilst you are of sound mind to appoint one or more people (Usually close relatives or children) to act on your behalf if you become unable to make decisions for yourself in the future. The effect is to simplify the means of your attorney obtaining the lawful authority from the Office of the Public Guardian and to save on substantial court fees that are involved in the alternative route of the appointment of a Deputy to manage your affairs. An L.P.A. can be created to deal with your Financial and Property Affairs, and a separate one to deal with your Personal Welfare. This is an important issue for those beyond middle age who have personal assets.
A Living Will (legally referred to as an Advance Decision in England and an Advance Directive in Scotland) is a document setting out the circumstances under which you would not want to receive life-sustaining medical treatment if you became seriously ill in the future and were incapable of making your own healthcare decisions. In England, valid and applicable Advance Decisions are legally enforceable under the Mental Capacity Act 2005 and must be followed by healthcare professionals.
The safe custody of an original Will is paramount as it is the only document that can be processed through probate and should not be exposed to loss, damage, or deliberate sabotage. We recommend the deposit of the Will at the Central Probate Registry at the Family Division of the High Court where it is stored until either revoked or processed through Probate.
Life insurance cover and Pension Fund Death Benefits can form a large part of peoples estates and if not properly catered for can be taxed at 40% on the second death of a couple whose estates exceed the Inheritance Tax Nil Rate Band. It is prudent therefore to arrange for these to be paid into Trusts so that they are not part of the second estate for tax purposes.
It is now considered beneficial for couples to hold the family home as ‘tenants in common’ (50% asset holders) giving them the opportunity to take advantage of good estate planning for inheritance tax, or to create protective will trusts, and to this end we can arrange the change from joint beneficial ownership.
Deals with who should pay for Community Care provided by the local authorities. As care home fees are currently £600 to £800 per week the costs are substantial and for anyone with asset above £20,700 the cost is entirely theirs. So it can soon consume the value of a house, and often does. You can protect your family against the whole of your home being used for this purpose with certain Will Trusts.
Occasionally it may be necessary for us to assist you to register unregistered property at the Land Registry or to transfer the title of property already registered in order to create shared ownership to protect your best interests.
For more information please contact us regarding writing your will.