Comments Off on Guide to Lasting Powers of Attorney
Learn about the different types of Lasting Power of Attorney; Financial Decisions and Health & Care Decisions. Understand who should act as your Attorney and the need to register the LPA.
This Guide is intended as a general overview of the law in relation to Lasting Powers of Attorney. If you have any difficulties downloading this PDF file then please call 01245 504904. We would be very happy to email it, or put a copy in the post.
This Guide is only intended to be a general overview of the law in relation to Trustees powers and duties. If you have any difficulties downloading this PDF file then please call 01245 504904. We would be very happy to email it, or put a copy in the post.
This Guide is intended as a general overview of the law in relation to administering an estate. If you have any difficulties downloading this PDF file then please call 01245 504904. We would be very happy to email it, or put a copy in the post.
This Guide is intended as a general overview of the law in relation to Deputyship on the loss of mental capacity. If you have any difficulties downloading this PDF file then please call 01245 504904. We would be very happy to email it, or put a copy in the post.
This Guide is intended as a general overview of the law in relation to the registration and use of an Existing Enduring Power of Attorney. If you have any difficulties downloading this PDF file then please call 01245 504904. We would be very happy to email it, or put a copy in the post.
This Guide is intended to be a general overview of the law in relation to Inheritance Tax. If you have any difficulties downloading this PDF file then please call 01245 504904. We would be very happy to email it, or put a copy in the post.
This Guide is intended as a general overview of the law in relation to care home funding and home protection schemes. If you have any difficulties downloading this PDF file then please call 01245 504904. We would be very happy to email it, or put a copy in the post.
This Guide is intended to be a general overview of the law in relation to making a Will. If you have any difficulties downloading this PDF file then please call 01245 504904. We would be very happy to email it, or put a copy in the post.
Comments Off on Consumers risk losing everything if they use an unregulated will writer
Individuals who choose an unregulated will writer to draft their will risk leaving their loved ones in a legal minefield.
Leonard Gray is warning consumers that when it comes to buying a will they need to distinguish between advisers that are unregulated, uninsured and untrained.
Your will is one of the most important financial and personal decisions that you will make, but currently there is no regulation surrounding will drafting so anyone is able to write a will, holding themselves out as an expert.
It is extremely important to talk to a solicitor who can make sure that the will is expressed in a way that is legally watertight. A solicitor will also be able to advise on complex financial issues such as inheritance tax and trusts planning. Solicitors are all trained and regulated and they are required to have insurance to protect the public.
Accredited solicitors complete mandatory training on the WIQS standard and show compliance through annual re-accreditation and ongoing enforcement checks by the Law Society.
To achieve our WIQS accreditation (Wills and Inheritance Quality Scheme) from the Law Society, we underwent an application and assessment process to demonstrate our adoption of best practice procedures in delivering wills and probate advice. This benefits consumers by ensuring that they understand the issues, and are aware of the options costs and timescales in order to make an informed choice from the outset.
We’re celebrating our WIQs accreditation with a 20% discount offer
To celebrate our accreditation, we’re offering a 20% discount on our standard fees for the first 10 people that instruct Leonard Gray to prepare their Will. This offer is valid until 16 May 2014.
Comments Off on All parents are not equal! Unmarried fathers beware.
Many assume that all parents are treated the same whether or not they are married to each other. This is, however, not the position and is the cause of much uncertainty and concern.
Parental Responsibility (PR)
These are the words used to describe the responsibilities and rights that go with being a parent. If a parent has PR for a child they have a legal duty and responsibility to care for and protect that child.
If a father’s name is on the birth certificate and child’s birth was registered on or after 1st December 2003 PR is automatic. If not, then a father will either have to:-
i) Marry the child’s mother;
ii) Make a PR agreement with the child’s mother, or
iii) Apply to the court for an order if the mother does not respond or agree.
If the father is a step-parent, he/she could only get PR by applying to the court for a Residence Order. This is sometimes important if there is uncertainty perhaps over the natural parent’s health.
A parent with PR has a legal right to make decisions about that child’s future and these rights are recognised by hospitals, local authorities and schools. Decisions such as which school a child will go to, the religion he or she will be brought up in, and even a surname.
Most importantly, parental responsibility is necessary if consent to medical treatment is to be given. There is also a potentially crucial decision as to applying for a passport.
If disputes over any of the above issues occur then decisions need to be promptly made. They are ideally suited for mediation. Courts take too long, are too expensive and generally do not enhance the relationship between the parents.
Mediation assists in many cases where contact to a step-child is an issue after separation. A father, as a cohabitee, may have brought up that child and shared that child’s life for a number of years yet, in theory, would have no responsibility. He would need to get parental responsibility for this child. This could be made by agreement without the need for a court order.
Mediation is flexible enough to assist with any issues that relate to children. Communication is one of the first problems when couples separate and mediation brings them together and puts focus upon the needs of the children in a safe environment where both can concentrate on the child’s welfare rather than replay the difficulties and issues that have broken their own relationship.
Protecting a child if a father dies
If a father dies without making a Will the law defines who inherits the father’s assets. If he is an unmarried parent everything he leaves will be held in trust for the children in equal shares until they reach the age of 18 years of age.
His partner, perhaps the mother of his child, won’t get anything automatically. It is, therefore, essential to make a Will.
It is even more worrying if a father dies living with a partner but is still married technically to someone else no matter how long they have been separated but are not divorced. The wife will get any joint assets still held together and the first £250,000 of any other remaining assets. Beyond that, any further assets are effectively divided in two; with one half being used to provide an income for the wife and the other half being held on trust for the children until 18.
The father’s current partner and any step-children certainly won’t get anything without contesting the estate. Any provision for the children is going to be limited. It is very, very important therefore that a Will is made.
The two messages are, therefore:-
Go to mediation;
Make certain you have made a Will.
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