Private Client

The death of someone close to you is an extremely difficult time and thinking about practical matters is upsetting. Our sympathetic team can gently guide you through the process of obtaining Probate so that you can deal with your loved one’s estate.

Probate is the legal term that is commonly used when talking about applying for the right to deal with a deceased person's affairs including property and investments.

Our probate team can also provide advice in respect of inheritance tax and if you require more detailed advice they can direct you to an appropriate financial expert.

It is important to make a Will for a number of reasons. Without a Will your estate, which is everything that you own when you pass away, will be distributed in a standard way defined by the Intestacy Rules. This is not always the way you might want your estate to be distributed. A Will can also help reduce the amount of Inheritance Tax that might be payable on the estate, since you can consider appropriate tax planning measures and make use of the spousal exemption. Without such measures, your loved ones may lose out because your estate may pay more Inheritance Tax. Furthermore, if you wish to prevent someone inheriting from your estate this can only be done through a Will. This could be because you have fallen out with a person or because they have become incapacitated and are unable to manage an inheritance so you want to ensure it is held on trust for their benefit instead. If you wish to benefit a charity that is close to your heart, this can also only be done through a Will.

When considering who to appoint to manage the administration of your estate, this can be a professional, such as Taylors Legal, which can give you the peace of mind that those left behind will have a skilled professional dealing with all the legal aspects of the estate to take the burden away from them. It is important to be aware that a person must have legal capacity in order to be able to make a Will so it is crucial to have your Will prepared whilst you are able to do so, especially since conditions such as Dementia and Alzheimer’s are becoming more common and affect a person’s capacity.  

At Taylors Legal, we pride ourselves on assisting our clients through the process of Will making with compassion and sensitivity. We will advise you on the issues you should consider when making your Will to ensure your loved ones are protected, and your wishes are set out in a way that is clear and legally binding. We are able to assist with the execution of your Will and we can also act as your independent witnesses.

Lasting Powers of Attorney (LPAs) are important documents because they allow you to ensure that your interests are protected by those who you believe will look out for your best interests. Unfortunately, more and more people are being diagnosed with Alzheimer’s or Dementia, which leads to a loss of capacity to make decisions for yourself. Once you have lost capacity it is no longer possible to grant a Lasting Power of Attorney and your loved ones will have no choice but to apply to the Court of Protection if they need to manage your finances. The Court of Protection process is much more costly and can take 6-12 months; plus it is much more involved than applying for an LPA. It is therefore crucial that you make decisions for yourself whilst you are still able to do so. We all think that if we are capable of making decisions and managing our finances for ourselves, why should we give authority or relinquish power to someone else? However, LPAs should be looked at like an insurance policy – you hope you will not need to call upon it, but if unfortunately you do, then you have peace of mind that it is there whenever it is needed! 

There are two kinds of Lasting Power of Attorney; Property & Finance and Health & Welfare. Property & Finance allows your Attorneys to manage your financial affairs such as selling and/or dealing with your assets. The Health & Welfare LPA gives your Attorneys the authority to make decisions regarding your medical care and treatment and also in the event you require care in a care home the LPA gives your Attorneys the legal right to make decisions on your behalf if you are unable to make those decisions for yourself. This can be important if the Local Authority are assessing which care home to place you in and your Attorneys disagree with their decision. For an LPA to be valid it must be registered with the Office of Public Guardian (OPG). 

We can guide you through the process from start to finish and can act as your certificate provider, which is the person who must ensure that you understand the extent and scope of the LPAs.