Here are some of our most frequently asked questions
Why is a will important?
A will means you can determine who is responsible for distributing your estate (the executor) and therefore you prevent unnecessary stress and work for your loved ones after your death.
What happens if I don't make a Will?
If you do not make a will during your lifetime, you do not get to decide who will inherit from your estate. This may mean that people you care about do not benefit from your estate. If you are married with children, your spouse does not automatically inherit everything you own, instead your assets are divided between your spouse and your children. If you are unmarried, your partner may not get any of your assets. For safety, you should put a will in place early.
How do I make a will?
You can set up a will yourself, but most people choose to get help and advice from an experienced professional, who can advise and guide them through the process step by step and ensure that all wording is correct and binding.
When should I make a Lasting Power of Attorney (LPA)?
To set up an LPA, you must have mental capacity. It is worth considering; especially if you have a deteriorating illness or believe you might lose mental capacity, and will need help and support in making decisions about your bank account and health matters.
What is the role of an LPA?
The person you appoint will have the legal authority to make decisions on your behalf if you lose mental capacity or you do not want to make these personal decisions anymore. This means they can access your bank account, manage and sell your property, and sign for decisions on your behalf.
What are the variations of LPA?
There are two main types. LPA for Property & Affairs and LPA for Health & Welfare. Property & Affairs are for either while you still have capacity, or if you lose mental capacity.
If I get an LPA will I be unable to make decisions on my own anymore?
Just because you have registered a Lasting Power of Attorney, this does not mean your attorney fully takes over making all of your decisions. The Attorney for Health and Welfare can only make decisions when you have lost the capacity to deal with your own affairs. For the Property and Financial Affairs Attorney, if you elect them to act while you still have the capacity, you will also be able to make decisions, but your attorney will be there to support you.
What will happen if I do not make an LPA?
If you lose capacity and don't have a lasting power of attorney in place (or an Enduring Power of Attorney made before 2007), then an application to the Court of Protection will need to be made. The Court of Protection can make decisions and assess if you have lost mental capacity, make an order about a decision on your finances, health or care, or appoint a deputy to act on your behalf.
Who can I appoint to be my Attorney?
An attorney you name must be over the age of 18 and someone you trust to make decisions for you. As a guide, most people choose their partner, another family member, or a close personal friend. You can have multiple power of attorneys. If you do this, you need to make it clear whether they need to make decisions jointly or if one of them can make decisions without the other
Why have a funeral plan?
With a funeral plan, you arrange and pay for your funeral in advance so your relatives don’t have to cover all the costs themselves.
How does a Funeral Plan work?
With a funeral plan, you pay for your funeral in advance, at today’s prices. You can pay in either a lump sum or instalments. Funeral plans vary in terms of what’s included, dependant on which Plan you purchase. It’s important to make sure you know what your plan does and doesn’t provide before you pay.
How safe is money in a funeral plan?
Be aware, there have been cases of bad practice with funeral plans. This has included high-pressure and misleading selling, and a lack of protection for the customer if things go wrong. Your money must either be invested in a trust fund with trustees, or in an insurance policy, which is then used to pay for the funeral
