Will Drafting Solicitors in Warrington It is one of the most important documents you can create but nearly two thirds of people in the UK don’t have a Will. Why? Common reasons include:
“I’ll get around to it – life gets in the way and I have been busy.”
Deciding to make a Will is one of the most important decisions you can make. It should be a priority.
It ensures that your wishes are made known to those left behind and gives you control of where your money, property and possessions will go. If you die before making a Will you will have died ‘intestate’ and your estate will be distributed under the intestacy rules in accordance with the Administration of Estates Act.
When the intestacy rules were developed in 1925 most people were married and stayed married. Whilst that is no longer always the case unfortunately the law hasn’t caught up. If you are not married, or in a civil partnership, your spouse or partner will not inherit any part of your estate. It will be distributed to blood relatives in strict order of priority, which may not be what you wanted to happen.
Sometimes people remarry and have children from a previous relationship. When one spouse dies the first portion of their estate goes to their spouse (and potentially all of it – depending on the size of the estate). The estate would then follow their bloodline, so which children will ultimately inherit is a lottery depending on who dies first.
“I don’t have anything valuable to leave.”
Maybe you don’t have a large estate but you may still wish to leave a particular possession to a named individual, even though it may not be worth a great deal of money. Disputes with family members can arise where relatives disagree over who was meant to have certain items. This is entirely avoided when your wishes are clearly expressed in a Will.
Do you have children who are under 18? If so you can appoint a Guardian in your Will to look after your children in the event of your death. It isn’t pleasant to think about, but failure to face the possibility and address it can cause great distress and upset for those left behind at the worst possible time.
“I don’t need to think about it until I’m older.”
The sooner a Will is made the better. The consequences of putting it off can be absolutely disastrous for relatives and loved ones left behind if the unexpected happens.
In the absence of a Will the law will decide how your estate is distributed and that may not be what you would want to happen. For example, an estranged blood relative could inherit instead of someone very close to you whom you would have chosen but to whom you were not related by blood or marriage.
What are the requirements for making a Will?
As a general rule you need to be 18 years old or older. Provided you have mental capacity there is nothing to stop you making a will.
How much does it cost?
Each person’s requirements are different. We provide individually tailored advice and so it is not possible to offer a “one size fits all” quotation. No two wills are the same.
It is important to discuss your requirements which is why we offer the first consultation completely free and without obligation – whether you wish to go ahead after that is entirely up to you.
Can I write my own Will or use a Will Writing Service?
It is, of course, possible to purchase a D-I-Y will kit but a Will is one of the most important documents that you will every create in your lifetime. A poorly drafted Will can create serious problems for those left behind and lead to the Will being ruled invalid. Those problems are not likely to be identified until the Will is sent to Probate.
It is also possible to use a Will Writing Service but many such services are conducted entirely by email, telephone and/or correspondence.
There is always the risk if the Will drafter does not see you in person that there may be problems later, e.g. if the correct procedure is not followed by you the Will may be ruled invalid. There is no substitute for personal service when dealing with something as important as making a Will.
Solicitors are regulated by the Solicitors Regulation Authority and carry professional indemnity insurance so that your interests are fully protected if anything should go wrong, e.g. your Will is lost or a mistake is made.
What happens to my Will after I have signed it?
We will discuss this with you at the consultation. You can elect to take the Will home or ask us to store the Will for you for a small one-off charge – this covers insurance. The Probate Service also provide a storage service. Wherever you decide to keep the Will it must be in a safe place and your executors should be told where it is.
I made a Will a few years ago – how do I know if it needs updating?
We recommend your Will is reviewed every five years. However, certain occurrences have the effect of automatically revoking a Will, e.g. marriage. In this case the effect of marriage is that you have no Will and in this situation the Intestacy Rules would apply. If you are not sure whether your will needs updating, we would be happy to discuss this with you.
Our services – we offer
Fast friendly and professional service
Witnessing of wills
Storage of your will
Lasting Power of Attorney in Warrington, Cheshire
When making a will you may also wish to consider a Lasting Power of Attorney. We are able to offer a 10% discount on the cost of a Lasting Power of Attorney when drafted at the same time as the will.
Whilst it is normal for us to take good health for granted, it is wise to make provision for the unexpected.
In the same way as a Will does, a Lasting Power of Attorney (LPA) will give you peace of mind and reassurance that the future – whatever it brings – is taken care of.
With an LPA if you are unable to manage your affairs yourself, perhaps because of a physical illness, accident or a condition such as Alzheimer’s, someone you trust can make decisions on your behalf. This person is called an ‘Attorney.’
There are two different types of Lasting Power of Attorney.
You can choose one or both, depending on your individual circumstances:
Property and Financial Affairs
This LPA authorises your Attorney to manage anything that relates to your property and financial matters. Many people assume that if they become incapacitated their spouse, partner or children would be able to make decisions and transactions on their behalf, however this is not the case.
In the absence of an LPA your relatives may have to make an application to the Court of Protection to become a Deputy which would give them the legal right to make decisions on your behalf. This process is lengthier and substantially more expensive than an LPA.
With a Property and Financial Affairs LPA your Attorney can make payments from your bank account, receive benefits on your behalf, receive bank statements and pay your bills and expenses. Without an LPA you may find that your bank account is frozen.
Health and Welfare
This type of LPA allows your Attorney to make decisions that affect your personal health and welfare if you are unable to make those decisions yourself. For example, your Attorney can make decisions about medical and life-sustaining treatment. Your Attorney(s) must always act in your best interests and it is important to ensure therefore that they are fully aware of your wishes. A Health and Welfare LPA can be used to achieve this.
Your LPA in four easy steps:
Call 01925 937070 or email us at [email protected] to arrange a free telephone consultation to discuss your requirements.Once you know what your requirements are and, should you wish to proceed, we will write to you with confirmation of your instructions and agreed fee.We will draft your LPA(s) and arrange a time when you are available to execute (sign) the deed.We will lodge your LPA with the Office of the Public Guardian for registration and, once received by us, we will check that all is in order and contact you to arrange either posting or collection (whichever you prefer).
Why use DSM Legal Solicitors?
DSM Legal is a local firm covering Warrington, Widnes, Runcorn and St Helens;Fixed Fees – agreed upfront with no hidden charges and no unexpected bills;Free home, care home and hospital visits within a 5-mile radius of our office; A valid, legal LPA tailored to your requirements; Authorised and regulated by the Solicitors Regulation Authority.
What is included in the cost? Our fees can include the following:
Home, hospital and care home visits, if required;
Preparation of the Lasting Power of Attorney;
Completion of the Certificate Provider’s statement;
Witnessing of your signature;
Witnessing your Attorney’s signature(s);
Registering the LPA(s) with the Office of the Public Guardian;
A certified copy of the LPA – fixed fees £10.00 per LPA.
Let us know what your requirements are, and we will provide you with a fixed quote.
Is there a registration fee payable?
There is a registration fee for the Office of the Public Guardian (OPG) of £82.00, which may be reduced or waived by the OPG if you are in receipt of certain welfare benefits.
We offer a discount of £100.00 if you take out both the LPA for Property and Financial Affairs and LPA for Health and Welfare at the same time.
Contact DSM Legal Solicitors. We are lawyers in Cheshire on 01925 937070 to speak a solicitor or email [email protected] for more information. We are close to Junction 8 of the M62, near to IKEA and Marks & Spencer, and have free onsite car parking.