Wills & Estate Planning
We can help and assist you with your estate planning needs, from Wills and Trust’s, Lasting Powers of Attorney through to prepaid funeral plans
If a couple wish to make almost identical wills so that the assets go to each other and then to the children or to a named beneficiary then a Mirrored Will can be used to help document your wishes.
The wills must be individual and are classed as separate legal documents, with the content being similar. Respectively the partners usually become sole executors and sole beneficiaries.
If a mirrored will is to be written in this way then it is imperative to add at least one executor extra as well as beneficiary so that the estate is safeguarded in the event that both die together. The extra executor and beneficiary can be the same person in both of the wills or you can elect to have alternative executors.
The job of an executor is to administer the estate of the testator. This means they should be trusted to deliver on your instructions. A spouse may be an executor and they can act either solely or jointly depending on your wishes as can anyone else you nominate. You may also have a beneficiary as an executor. It is normal for an executor to also be a trustee.
Power Of Attorney
Nobody likes to think of themselves growing old (but then nobody want to die young either) The fact remains that as we grow older then there is the possibility of losing control of our affairs as our mental health deteriorates. In reality this means that we leave ourselves open financially as well as our overall health and welfare. Everybody needs a help in hand from time to time and asking a trusted person to do this in advance is a logical step in looking after your future needs. We call this trusted person an attorney.
A legal document called a Lasting power of attorney (LPA) can be drawn up in advance which will give a person that cares about you the authority to act on your behalf in regards financial and health and welfare at a time that it matters should you be unable to do so.
There are two different types of Lasting Powers of Attorney:
· Personal Health and Welfare Lasting Power of Attorney
· Property and Financial Affairs Lasting Power of Attorney
You can elect to have both or just one depending on your circumstances. It is important to note that the LPA’s do not come into force until they have been registered with the Office of public guardian. This can be done when drawing the LPA’s up or at any time in the future and they will charge a fee for registration.
I can assist with the setting up of LPA’s as well as registration. We would ask that you give some thought into who you would wish to act on your behalf. So it should be somebody that you trust, ideally younger than yourself if you are in the autumn of your years. Somebody who is relatively local. I would advise that you also nominate two persons to act as attorney if possible in the unfortunate event the first attorney could not fulfil their duties to you through death or illness.
Pre-paid Funeral Plans
Unfortunately death and taxes are the two constant guarantees in life. We can either plan for the event of death or leave the planning to the ones we leave behind. However it’s not always about whether you can afford to pay for your funeral but about taking the stress and worry away from the ones you leave behind. It helps answer questions like “is this what dad would have wanted?” “What piece of music would mum of liked played”. Planning a funeral in advance helps give them guidance into what your wishes are when you meet your resting place.
It is possible to pre-fund the majority of your funeral fully in advance and you can choose the type of service, music, coffin, transportation for the funeral party.
You may have a preferred funeral director that you wish to use and in the majority of cases this would still be possible.
I can advise on the setting up of plans that you can pre fund in its entirely or by a monthly pay plan.