In light of current circumstances with COVID-19, the Law Society and Ministry of Justice are currently reviewing the requirements around witnessing wills, in an effort to make is easier for individuals to sign their wills during these uncertain times.

Current legislation provides that your Will must be signed by the testator (the person making the Will) in the presence of two independent witnesses. With the current lockdown, self-distancing and self-isolating provisions it is becoming increasingly difficult to meet such requirements.

Whilst matters are currently up in the air, here at Franklins Solicitors LLP we are trying other methods to meet our clients’ needs, not only with signing their Wills but also when taking instructions.

Initial instructions

Firstly, we are providing our clients with the firms Will Questionnaire by email and requesting that they complete the same so that we have as much information as possible to fully understand their requirements, potential issues and wishes.

Instead of bringing this to our usual face to face meetings, we are currently offering telephone appointments, Skype calls, Zoom and, in some circumstances, even Facetime.

Execution

Various methods for signing your Wills are currently being offered:

1. The Will can be posted out to the client for signing remotely. Before the Will is posted, a discussion of the Will clause by clause will be provided, together with a discussion as to how the Will needs to be signed and measures to be taken during this period of self-distancing and self-isolation. A briefing note will also accompany the bound Will for ease of reference.

2. A home visit can be arranged. This is usually offered to our clients but, in current circumstances, we are adapting the way in which such visit is conducted. Firstly, the Will is be bound and placed in an envelope well in advance of the meeting. Using disposable gloves, the Will is then removed from the envelope and placed on the doorstep, or even passed through a window, for the client. Maintaining a safe distance, the testator can sign the Will in the comfort of their own home whilst our staff witness. The will can then be passed back through the window/placed on the doorstep so that the testator can step back keeping a safe distance while the Will is then witnessed in their presence. We are strongly advising client to use their own pens and to wash their hands thoroughly. 

We understand that this is a worrying time for many individuals and wish to continue assisting our clients with the preparation of their Wills as far as possible. If you would like to get in touch with a member of the team to make/review your Wills, please contact the office on 01908 660966 / 01604 828282 or by emailed at wills@franklins-sols.co.uk. 

Many law firms around the UK, including ourselves, have seen an increase in the number of enquiries relating to preparing or updating a Will, mainly from elderly or vulnerable individuals.

In light of current circumstances, key workers, those who are working on the frontline of the pandemic, have also been advised to put their affairs in order. As such, Franklins are currently offering a 50% discount to all NHS staff in Northamptonshire and Buckinghamshire who wish to prepare their Will. 

It is important to remember that a Will not only ensures that your wishes as to who will benefit from your estate when you pass away are clear but also deals with other important matters such as who will care for any minor children that you may have, can specifically gift sentimental items to specific individuals ensuring that certain assets are kept in the family or, with careful planning, can also protect vulnerable beneficiaries. 

There is also a common misconception that if someone were to pass away, everything will pass to their surviving spouse. This is simply not the case. If you pass away without a Will, the intestacy rules confirm the first £270,000 will pass to the surviving spouse, together with all personal possessions. The remainder of your estate, if you have children, will then be divided so that 50% will pass to the surviving spouse and 50% will pass to equally between the children. This could have unintended consequences and could leave the survivor in a very vulnerable position, especially for example if there are children from previous relationships.

Another issue to also remember, is that cohabitees will not inherit under the intestacy rules. This may lead to a cohabitee being left in a vulnerable position whereby they may have to sell their property for example to release the equity to the beneficiaries of your estate. This may have a knock on effect of the cohabitee having to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 which will in itself incur unnecessary costs and heartache for those left to deal with matters, and which could all have been avoided with the preparation of a Will.

We cannot stress enough how important planning for the future is and here at Franklins we are dedicated to assist where we can. If you would like to obtain advice or guidance regarding the preparation of your Will, please contact our Private Client team on privateclient@franklins-sols.co.uk or call our Northampton office on 01604 828282 / Milton Keynes 01908 660966.

When someone dies without a Will, this is known as dying intestate. In these circumstances, the law sets out who is entitled to inherit from the deceased’s estate known as the ‘intestacy rules’.

Current Provisions

Currently, the law confirms that when a person dies without a Will, the first £250,000 (known as the statutory legacy) of the deceased’s estate will pass to a surviving spouse or civil partner. Anything above this threshold will be divided so that the surviving spouse or civil partner will receive 50% (together with the first £250,000) and any children will receive the remaining 50% equally between them. In the event that there aren’t any children, then the spouse or civil partner will receive the entire estate.

Upcoming Changes

From 6^th February 2020, the statutory legacy is increasing from £250,000 to £270,000. This essentially means that if a person dies without a Will, their spouse or civil partner will receive the first £270,000, with anything above this threshold being divided as outlined above.

Implications

This may be a welcome change for those facing the unexpected death of a spouse or civil partner, but still highlights the importance of preparing a Will to ensure that your estate will ultimately pass in accordance with your wishes.

For example, the intestacy rules may still not provide adequate provision for a surviving spouse or civil partner and could leave them in a vulnerable position where they have to sell their home, or raise enough equity, in order to release funds due to the other beneficiaries. Furthermore, the intestacy rules do not provide for those who are cohabiting which too leaves cohabitees vulnerable on the death of a partner.

If you’re looking to put a Will in place, or you’re considering updating your current Will, speak to our experienced Private Client team today on 01908 660966 / 01604 828282 or at wills@franklins-sols.co.uk

September is Alzheimer’s month and provides an opportunity for organisations and individuals to raise awareness of the disease and to do all that we can to support those living with it.

Here at Franklins Solicitors LLP, 71 members of staff have become Dementia Friends by completing some voluntary training to understand how to recognise that a client may be struggling and how to assist those individuals to come to a solution.

Dementia refers to a variety of illnesses and conditions which result in an impairment of brain function and a decline in intellectual functioning. In light of the below statistics published by the Alzheimer’s Society, we constantly advise clients who attend our offices to ensure that their affairs are in order well in advance to assist them, and their loved ones.

Statistics:

• 850,000 people are estimated to be currently living with dementia in the UK;
• Globally, 50 million people are estimated to be living with dementia which is estimated to increase by 204% by 2050;
• 1 in 14 people over the age of 64 are at risk of developing dementia; and
• 1 in 6 people over the age of 80 are at risk of developing dementia.

Advice:

Although we advise clients to prepare for the future, should you be diagnosed with dementia, this does not automatically mean that you are unable to take any further action. Provided that you still have the necessary capacity to make a Will or Lasting Powers of Attorney, a diagnosis does not prevent you planning for your future, it may just slightly complicate matters and this is where specialist advice is important.

Here at Franklins Solicitors LLP we are dedicated to assist where we can. If you would like to obtain advice or guidance regarding the preparation of a Will, Lasting Powers of Attorney or would like assistance with a Deputyship Application, please contact our Private Client team on privateclient@franklins-sols.co.uk or call our Northampton office on 01604 828282 / Milton Keynes: 01908 660966.

Report by the SFE – ‘The incapacity crisis – a nation unprepared’

A recent study has been published by the Solicitors for the Elderly (SFE) which warns that the UK is approaching an ‘incapacity crisis’. The recent study, published in conjunction with the Centre for Future Studies (CFS), highlights the wide gap between the rising number in individuals likely to lose capacity and the number of Health and Welfare Lasting Powers of Attorney (LPA) in place.

Statistics

According to the recent study, this can be highlighted as follows:

• The number of people diagnosed with dementia in the UK increased by more than 50% in the 11 years from 2005/2006 to 2016/2017;
• 12.8 million people 65+ run the risk of developing dementia, yet there are only 928,000 Health and Welfare LPAs currently registered in the UK; and
• By 2025, around 13.8 million people are expected to be at risk, but only 2.2 million Health and Welfare LPAs are expected to be in place.

Furthermore, one common misconception highlighted in the recent study, and that we discuss with clients, is that a staggering 63% of people incorrectly believe that their spouse can make medical and care decisions on their behalf and 65% think a next of kin has the power to do so, should they no longer be able to. However, this in fact is only the case if a registered Health and Welfare LPA is in place

So, what are the options going forward?

Through making a Lasting Power of Attorney, you have the ability to appoint individuals (such as family members, friends, spouses or civil partners, or even a professional) that you Trust implicitly to make decisions on your behalf when you are no longer able to do so yourself.

Moreover, by obtaining specialist legal advice whilst preparing the same it will ensure that any guidance or provisions you wish to include within the LPA can be incorporated correctly to ensure that your wishes and best interests are always at the forefront of your appointed Attorneys mind when making decisions.

And if you do not have a LPA in place…

In the event that you lose capacity without a Health and Welfare LPA in place, family members wishing to apply for the right to make best interest decisions on your behalf would need to apply for a Court of Protection order. This type of order can take a minimum of 4-6 months to complete which leaves members in a period of limbo where they are unable to make decisions on your behalf and securing one can be a complicated process.

Furthermore, accordingly to the report wealth and welfare deputyship orders are very rarely granted and it is estimated that at least 90% are not approved which emphasises even more the importance of preparing for the future in advance.

For further information, please see the full report published by the SFE.

If you would like to obtain advice or guidance regarding preparing Lasting Powers of Attorney, please contact Natasha Thorne on 01908 660966 or email natasha.thorne@franklins-sols.co.uk