Wills, Probate & Lasting Powers of Attorney

If a family member has lost mental capacity without having made an LPA, it may become necessary for an application to be made to the Court of Protection to enable you to legally act on their behalf. This can be long and complicated due to the court processes and we can guide you through this from start to finish.

The Mental Capacity Act 2005 introduced Lasting Powers of Attorney (LPA), with effect from 1st October 2007, to replace Enduring Powers of Attorney (Note: Enduring Powers of Attorney made prior to that date remain valid).

An LPA will enable you to appoint one or more persons to act on your behalf during your lifetime in relation to your property and financial affairs and/or your health and welfare. We can advise you on the creation of an LPA, the best person(s) to appoint and the extent of the authority to give them. We can also advise on the registration of an LPA at the Office of the Public Guardian and the registration of Enduring Powers of Attorney that were made prior to 1st October 2007.

If you’d like more information, view our LPAs: Guides to process and costs.

Basic Guide to Lasting Powers of Attorney

When someone close to you dies, it can be a very distressing time and very difficult to face sorting out their assets and belongings. Jefferies are able to help with the administration and formalities of releasing bank accounts, houses, other assets and dealing with liabilities. We are able to ensure the estate is administered in accordance with the will and the interests of the deceased met. Where there is no will, we can guide you through the steps that need to be taken for the deceased’s estate to be distributed.

Various assets can be the subject of trusts including property, life insurance policies and pension death benefits. Trusts are often necessary to care for the vulnerable and to protect the family. Trusts also assist with tax planning (both during lifetime and on death).

We can assist with:

• Creation of trust documents
• Distribution and termination of trusts
• Advice to trustees
• Change of trustee

Wills are designed to give certainty to someone’s wishes when they die. Unfortunately disputes can still arise. A person may feel they were promised property or land that was not included in the will, you may feel a will was written under duress or undue influence, or that you have an interest in items that a will leaves to someone else. You may have concerns over how a Trustee is dealing with the deceased’s estate or you are a Trustee yourself having difficulty with a beneficiary.

We understand how difficult will disputes can be emotionally. They often involve disagreements between family members or those close to the deceased. We will work with you to understand any personal dynamics, as well as provide legal advice in order to find the best way to resolve matters. Very often these matters can be resolved through discussions, negotiation or mediation which help preserve relationships, but action can be taken through the courts as well.

Making a will is an important life decision. In our experience, a high proportion of people don’t make a will and assume that their estate will pass automatically to those they care most about. Sadly this is often not the case and if you wish to specify where your estate goes, we recommend you make a will.

A will can make provision for:

• Your funeral arrangements
• Specify who will look after your children
• Make proper provision for your family
• Leave specific items of worth or sentimental value to individuals
• Create trusts to benefit individuals
• A will can also be used to minimise the Inheritance tax liabilities of those you leave behind.