A Statutory Will is made on behalf of someone who has been deemed unable to create or update a Will themselves because they lack mental capacity. The Will is made and approved by the Court of Protection which is given the authority to do so based on the Mental Capacity Act 2005. In order to determine whether a person has lost capacity, there are specific questions that must be answered. Do they understand the information relevant to the decision? Are they able to retain this information, even for a short time? Can they use that information as part of the decision-making process? Are they able ..read more

Writing a Will is essential to ensure that your assets are divided as you desire and your last wishes are carried out as planned. If you don’t have a Will but have considered writing one, you may have thought of doing it yourself using one of the many online tools and templates. However, there are many downfalls to using these online Will writing tools. When you choose to use an online service or a template to write your Will, it’s a pretty straightforward process. You enter your details into an online form. Then, complete your address, add a payment method, and you will receive your Will with ..read more

Losing a loved one is a very emotional event.  If they have named you as a beneficiary in their Will, in addition to dealing with your grief, you may have questions about what happens next. The uncertainty can be nerve-wracking, especially if your loved one supported you financially or your home is part of the terms of their Will. Often, a beneficiary doesn’t know what to do if they expect that the Executor is not working fast enough or mismanaging the estate. In this article, we will discuss some of the common questions we hear regarding being the beneficiary of a Will. What are My Legal ..read more

Probate refers to the legal process of administering the affairs of someone who has died. The Executor is the person responsible for completing the probate process.  It has onerous responsibilities because of the duties involved. Which brings us to our topic – why should you use a solicitor to help with the probate process? Even in “simple” situations where the deceased has left a Will with thorough instructions, complications may occur.  To ensure that the Executor understands whether they can administer the estate themselves or seek professional help, we advise that they get advice ..read more

When you consider your long-term plan for yourself, you should think about who will make decisions for you if you become mentally or physically incapacitated.  You require two types of Lasting Power Of Attorney, one that covers property and financial affairs and the other that covers health and welfare.  When setting up a Lasting Power Of Attorney for Property and Financial affairs or Lasting Power Of Attorney for your Health and Welfare, you need to work with a Solicitor experienced in Wills, Lasting Powers Attorneys, Trusts, and Probate to ensure you receive the best guidance. Last ..read more

There’s no arguing that the loss of a loved one is an immensely difficult thing for anyone to experience – suddenly the family is left with the vital task of managing the affairs of the deceased, processing their grief, and continuing with their everyday lives. In light of all this, we feel that everyone can benefit from being fully informed about the probate process in advance. This article will introduce and explain the basic steps of probate. 1. Check for a Will and a Death Certificate The very first step in the process is obtaining copies of the Death Certificate.  You will need the o ..read more

Death isn’t something most people want to think about or have to plan for, but having a Will is an important preparation to protect finances and provide for loved ones after death. Even if most people think they are too young to write a Will, or that they have no assets to leave behind, there are many reasons to consider writing a Will. Common misconceptions can often stop some from writing a Will. We will now look at the biggest myths about writing a Will and we will tackle why people often put off writing it. “My spouse will inherit all my assets” Even if you are married, it does not necessa ..read more

It is a difficult time when a loved one passes and figuring out the process afterwards when it comes to what to do about their Will, estate, assets, debts, or inheritance tax if it is payable can add to the stress.  A grant of probate is a document that proves you are the appointed Executor of a Will and after it has been proved (which means that it can be used), you can collect assets, pay debts, and distribute any remaining assets to the beneficiaries.  A Probate Lawyer is usually the most well equipped for this and able to help you through the process, but there are commonly asked ..read more

Life is full of transitions and getting married is exciting, whether the first or second time. Often when we get married, we name our spouse as the beneficiary in our Will. When we get a divorce, the Will remains valid; however, it changes/revokes our ex-partner appointment and their rights to any inheritance. Drawing up a new Will is essential whenever you have significant changes in life, such as a birth, death, divorce, separation, or getting remarried.  What Happens To My Will If I Remarry? Once you remarry, your previous Will is no longer legally valid. When you draw up a new Will, i ..read more

If something happened to you tomorrow, could your family and loved ones rest easy knowing your affairs are being taken care of? While it may not be a pleasant subject to face, the fact is that we should all be prepared for the eventuality that an accident could happen and potentially leave us incapable of making necessary decisions about our lives.  Although this may be a difficult, unpleasant, or even tedious situation to envision, making sure that your affairs are in order is a vital step in making sure that your wishes can be met and your family and that your loved ones are provided fo ..read more