Wills & Powers of Attorney

Whether single, married or a parent, Wills are a key element in estate planning and, without one, you are unable to control what happens to your assets after death. You may leave your dependants with numerous problems, including an unmanageable tax burden.

Without a Will, the law will determine how your estate will be distributed, so your family, friends and favourite charities may not receive what they need or expect. MJP Law can help you to make the correct provisions and ensure that your wishes are carried out by:

  • Drawing up your Will, making provision for all the people important to you
  • Ensuring that your wishes are carried out and that you fully understand the draft
  • Advising on Inheritance Tax to minimise your tax liabilities
  • Advising on your assets to ensure wealth protection
  • Arranging the signing of your Will and retaining it for safe-keeping

We can now register your Will with the first online register of Wills, called Certainty, which means that your loved ones will be able to find out which solicitor holds your Will, should they not know when the time comes to find it. Read more about Certainty by clicking the link at the foot of the page.

Administration of Estates

This service involves dealing with your affairs after death. The 'estate' is your property and any other assets you have. Our probate specialists handle the winding up of your estate with great sensitivity and understanding, and help your family and friends through what can be a very confusing and upsetting time. Administration involves

  • Ascertaining the assets and liabilities and preparing the necessary tax forms
  • Obtaining a Grant of Probate or Letters of Administration, enabling the Personal Representative to obtain the assets
  • Settling the liabilities of the estate, including all tax liabilities
  • Distributing the estate in accordance with the terms of the Will. If there is no Will then the estate is distributed according to the statutory rules.

We may be able to minimise the tax liabilities on the estate of the deceased and those of the beneficiaries by careful tax planning. This may involve Deeds of Variation or Family Arrangement.

On occasions there may be disputes between beneficiaries, executors or those who want to make a claim against an estate - we can advise in these circumstances.

Lasting Powers of Attorney

Managing your affairs in later life can become more difficult and it is wise to nominate someone whom you trust to look after your affairs, should the time come when you become mentally or physically incapacitated.

A Lasting Power of Attorney (LPA) (which replaces the Enduring Power of Attorney) enables you to choose who you would like to manage your property, financial and general affairs should you become unable to manage them yourself, and gives that person the measure of power that you define. Your choice of Attorney can be altered at any time, but comes into play either when you choose or when your mental health declines (subject to certain safeguards imposed by the Office of the Public Guardian).

The new LPAs can extend beyond dealing with your financial affairs to personal welfare matters and decisions, if you so wish. You will also be able to place restrictions on what exactly your Attorney can deal with, such as property or restricting medical decisions. But probably the most significant change is the requirement that LPAs must be registered with the Office of the Public Guardian before your Attorneys can act and this may take up to 5 months. Your Attorneys may have the power to decide on issues such as where you will live, your care and medical treatment. They may also give or refuse consent to the carrying out or continuation of medical treatment, according to your wishes, although they cannot act if you are still capable of making those decisions for yourself.

We can advise you on:

  • The choice of Attorney or joint Attorneys
  • The level of signature or authority that is appropriate
  • Restrictions that you would like to impose
  • The duties of Attorneys

Living Wills

Living Wills, also known as Advance Directives, are usually concerned with medical discretion and they give you the freedom to define medical care issues that you feel strongly about. This means that in the unfortunate event of terminal illness, where you might be incapable of communicating your wishes, your Living Will would be able to state your preferences in cases such as turning the life support machine off.

Living Wills are subject to much debate, as a patient's wishes sometimes conflict with those of the medical profession. We can advise you about the latest legal situations.