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Can I really do all that, and more, with just my Will?!
Can I really do all that, and more, with just my Will?!

As an Estate Planning Solicitor, I have spent my career working both in city centre law firms and firms concentrated on agricultural farming communities. Between both ends of the spectrum, the one question I am…

The Mental Capacity Act 2005, the overriding Presumption of Capacity & the role of third parties

The Mental Capacity Act 2005, the overriding Presumption of Capacity & the role of third parties

What does it mean when a GP or Medical Capacity Report is needed before a Will can be prepared?

Sadly, because of the aging population, this seems to be becoming a scenario solicitors and GPs are fast becoming more accustomed to identifying – usually within the first meeting with new clients. Capacity vs Instructions…

Enduring Powers of Attorney (EPA) and when to register

Prior to Lasting Powers of Attorney coming into Force on the 1 October 2007, a donor (the person granting the power to attorneys to manage their affairs) granted an attorney permission to manage their financial…

Having a Will vs Chancing the Intestacy Rules

Many people expect a Will is unnecessary to their estate for many reasons, such as perhaps they believe that because they own assets jointly with another person; or they are married, their estate will go…

What is an Advanced Decision (Living Will) and do you need one?

Prior to the Mental Capacity Act 2005 an Advanced Decision was called a Living Will. A Living Will did set out your wishes but was not binding. The MCA 2005 introduced a change by way…

Do I have to take on the role of Executor of an estate just because I’ve have been appointed in that role?

If you have been appointed as the Executor of a Will and it isn’t a role you wish to take on, then the safest way to ensure you cannot be held responsible for the actions…

General Power of Attorney (GPA) – When to use one…

A General Power of Attorney (GPA) can only be used to make financial decisions (as opposed to Health) decisions on behalf of the donor (i.e. the person giving the power to the Attorney). The GPA…

EPA, GPA and LPA(F) comparison

Enduring Power of Attorney An EPA can no longer be prepared but it can still be used so long as it was previously set up correctly. If there is no restriction as to mental capacity,…

Why you should also be seeing Step-Children named in mirror Wills

Where you have pooled finances with another person you have created a combined estate and it is important that you jointly decide how best to leave that combined estate in a way that takes account…

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