Wills and Lasting Power of Attorney
Contact us with regards to Wills and Lasting Power of Attorney
If you die without a will, then you are considered to have died intestate and the administration of your estate is in accordance with the intestacy rules. This means that the law will decide what happen to your estate and how it is divided. This can have implications specially if you wanted your estate to be given to specific people, but failed to make a will before death.
When you are considering to write your Will you should know who you want to benefit from your Will, known as beneficiaries, who is going to execute your Will, known as the executors.
You should make a list of your assets and debts and how wish for your assets to be distributed upon your death.
At Shawstone Associates you will benefit from professional advice, especially when your Will is not straightforward.
You should tell your executor (the person you’ve chosen to carry out your will), close friend or relative where your Will is.
For your Will to be legally valid, you must:
- be 18 or over
- make it voluntarily
- be of sound mind
- make it in writing
- sign it in the presence of 2 witnesses who are both over 18
- have it signed by your 2 witnesses, in your presence
If you make any changes to your Will you must follow the same signing and witnessing process.
If you want to update your Will, you need to make an official alteration (called a ‘codicil’).
It is advice that your consider reviewing your Will every 5 years and after any major change in your life, a few examples of this is;
- getting separated or divorced
- getting married (this cancels any Will you made before)
- having a child
- moving house
- if the executor named in the Will dies
You cannot amend your Will after it’s been signed and witnessed. The only way you can change a Will is by making an official alteration called a codicil.
You must sign a codicil and get it witnessed in the same way as witnessing a will.
There’s no limit on how many codicils you can add to a Will.
We at Shawstone Associates, understand the emotions one goes through when considering to make a Will and the practicalities of making one. We try to eliminate any stress or concerns surrounding the issues of a making a Will. Its is however considered extremely important the you make a Will and we are here to help you do just that. Contact us on 02085380114 today and speak to one of our solicitors who will arrange a suitable appointment.
Lasting Power of Attorney
A Lasting Power of Attorney (LPA) allows you to appoint a person who can make decision on your behalf, if you should accident or illness and you can no longer make your own decision.
There are two difference LPA, one is for Health and welfare and the other is for your property and finances.
You will need to consider who will be your attorney and there can be more than one and register your LPA with the Office of Public Guardian.
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