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Compassion in Dying is a national charity working to inform and empower people to exercise their rights and choices around end-of-life care. I share a bit about a specific campaign they have launched which I think is an important one…
Compassion in Dying is trying to make talking about end of life care less of a taboo subject. In aid of this effort they have launched a new campaign encouraging people to record their wishes in relation to medical care and treatment in case tragedy strikes.
You can find out more about their campaign on their website here:
http://compassionindying.org.uk/new-campaign-make-decision-launches-today/
This is such an important topic but many people fail to discuss these matters with their nearest and dearest and most never get round to putting pen to paper. I come across some really upsetting circumstances every week with families where not enough was thought about, or planned before the illness of a loved one.
It is natural for people to worry about what will happen to them in the future and the new campaign is aiming to promote the use of ‘Advance Decisions’, a legally binding record of what treatment you would or would not want to receive in certain situations.
Many people would be happy leaving that decision to their family and friends to make for them but unless you make written provision via a Lasting Power of Attorney they do not have that automatic right, instead it falls to the medical practitioners to make best interest decisions.
If you have yet to put your thoughts on paper and the right instruments in place to help enforce your wishes, I would urge you to contact me or one of our highly experienced team here at Franklins. You can call us on 01604 828 282, or email me on rosie.wright@franklins-sols.co.uk for a confidential conversation.
Image courtesy of 123rf.com
Many of us don’t want to think about what will happen to our property and personal possessions after we’re no longer here, but Rosie Wright explains why it’s so important to make a Will…
What happens if I don’t have a Will?
Without a valid Will, the rules set down by the state, known as the rules of intestacy, determine how your assets will be dealt with – regardless of any wishes you may have had. There might be members of your family, close friends or charities you’d have liked to benefit, who won’t under these rules. And you might have funeral wishes that would otherwise go unknown.
What can I decide with a Will?
A Will allows you to decide all sorts of things – who will benefit, by how much, and most importantly, who will be your Executors. While who benefits from your Estate and by how much is important, there are many things in a Will that aren’t legally binding, such as funeral wishes. So it’s crucial to select the right people as your executors, who will do their utmost to carry out your wishes.
Other benefits of making a Will
Having a Will in place lets you to provide for the loved ones you leave behind, safe in the knowledge their worries will be minimised. Your Executors will know who they are and they’ll know what your wishes are, so they’ll be able to distribute your Estate accordingly. Finally, it makes it easier for those you leave behind.
If you’d like further information about making a Will or would like to arrange an appointment to see one of our Solicitors, please contact us on 01604 828282 or email me direct on rosie.wright@franklins-sols.co.uk.
I have joined a number of organisations representing older and vulnerable people to raise serious concerns around the Government’s online tool for creating Lasting Powers of Attorney (LPAs). In this post I explain a bit about what an LPA is and why is its important to have someone with legal expertise guiding you in drafting your LPA.
What is an LPA exactly?
An LPA is a powerful legal document that allows a person to appoint Trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia.
The potential danger of a tool introduced by Government…
In May 2014, the Government’s Office of the Public Guardian (OPG) launched its online LPA tool, which it claims allows people to create the documents without the need for professional advice from a solicitor.
But a new report published by a coalition of organisations warns that anyone creating an LPA without taking specialist legal advice faces a significantly higher risk of being left with an ineffective legal document, incurring additional application fees, and even becoming a victim of fraud or coercion.
The coalition is led by SFE (Solicitors for the Elderly) an independent, national organisation of over 1,500 lawyers, such as solicitors, barristers, and chartered legal executives, who provide specialist legal advice for older and vulnerable people, their families and carers. Other organisations backing the new report as part of the coalition include Action on Elder Abuse, Anchor, Contact the Elderly and SOLLA (The Society of Later Life Advisers).
The report also raises concerns around the potential of a completely digital system proposed by the OPG, whereby ‘wet signatures’ – the physical signing of the document – would no longer be required.
Our warning
Both myself and my colleague, Rosie Wright are Full Accredited members of SFE and we are both of the opinion that the prospect of being able to submit an LPA application entirely digitally is extremely concerning, and raises some serious questions around the potential for fraud and financial abuse.
During a study conducted for the report, participants were invited to create LPAs using the OPG’s online tool and other ‘DIY’ methods. The study revealed that:
- Some of the forms did not accurately express the way in which participants would want their affairs and welfare to be handled in the future
- Documents made using DIY methods were more likely to contain elementary mistakes, rendering them ineffective and requiring additional application fees
- Following consultation with a solicitor, most participants made significant changes to the permissions of their documents regarding how and by whom their affairs were managed
One lady who participated in the study, June McSparron (75 years old), said: “You’re exposing yourself to a lot of risk by filling this form in on your own. There are so many bits that you can get wrong, and you can easily be pressured into making choices that you’re not entirely comfortable with.”
The number of LPAs being registered has increased steadily since the launch of the online tool, with over half a million registered in 2015/16 alone. The OPG is actively trying to convince more people to apply for LPAs online, having set a target for the service to comprise 30% of all applications from April 2016 to March 2017. In its latest Annual Report, the OPG even admits it is willing to take ‘risks’ in striking a balance between ‘empowering and safeguarding’.
Where the risk lies…
With the OPG already receiving over 1,000 calls to its contact centre every day, the organisations behind the campaign say the Government body is potentially exposing people to unacceptable levels of risk and in doing so may be compromising its ability to safeguard those who are most vulnerable.
An LPA is by far the most powerful and important legal document an individual can have, because it allows you to pass potentially life-changing decisions about your affairs on to a third party.
It’s absolutely right that people should be planning ahead for the future with LPAs, but granting someone this sort of authority over your affairs is an extremely big responsibility for all parties involved. This is a specialist area of the law, and we recommend that anyone considering an LPA goes to a legal expert to ensure they get the right advice, consider all the options, and safeguard themselves for the future.
If you would like to discuss your requirements for an LPA please contact me 01908 660966 or drop me an email. You can also contact Rosie Wright on 01604 828282 by email on rosie.wright@franklins-sols.co.uk
To download the report ‘The Real Cost of DIY LPAs’ go to: http://www.sfe.legal
We understand making a Will can feel daunting. But Rosie Wright explains how we can help to make it an easy, straightforward experience in three simple steps…
Step 1 – Discussing your wishes
We’ll invite you to one of our offices in Northampton or Milton Keynes, to meet one of our solicitors. At the meeting, you can discuss your wishes, ticking off all aspects of your Will – from who you want to feature in it, to how you want them to benefit. You can also ask us about any queries you may have. Plus, we can give you advice about inheritance tax planning and the role of Executors in your Will.
Step 2 – Drafting your Will
Once you know exactly what it is you want to achieve, we’ll draft your Will and send a copy for you to check and make sure it reflects all your wishes.
Step 3 – Arranging your Will signing
We’ll invite you back to sign your Will. We can organise witnesses for you, and will make sure all the required formalities are followed to make your Will valid. Plus, we’ll safely store your Will for you, free of charge.
The whole process will make sure you have a valid Will in place, that accurately reflects your wishes, without any of the worry.
If you’d like more information about Lasting Powers of Attorney or would like to arrange an appointment to see one of our Solicitors, please contact us on 01604 828282 or send us a message via our online service.
Charles Dickens’ famous novel, Bleak House, centred on a fictional case of Jarndyce v Jarndyce. Not many people know, but it was actually based on a number of real life cases that were ongoing during Dickens’ lifetime – most notably the case of Jennens v Jennens. Rosie Wright tells us a story with a valuable lesson…
A bleak story
The case Dickens based Bleak House on concerned a man called William Jennens. He had a Will written in his coat pocket when he died. But it hadn’t been signed, as he’d not taken his glasses to his solicitors and had forgotten to sign it afterwards.
William was said to be Britain’s wealthiest man at the time he died. His estate was estimated to be worth up to £2 million, which in today’s money would be in excess of a whopping £230 million.
The hundred-year Will
William’s estate was disputed and lasted a staggering 117 years. In fact, it only ended because all the money was all spent on legal fees. All because he hadn’t signed his Will.
The moral of the story? It’s so important to make sure you sign your Will and have it witnessed properly, so your estate isn’t disputed like William Jennens.
If you’d like further information about making a Will or would like to arrange an appointment to see one of our Solicitors, please contact us on 01604 828282 or send us a message via our online service.
When it comes to making a Will, we all think of what we have and who we’d like to benefit. However, there’s one thing that’s arguably even more important – who should be your executor.Rosie Wright tells us more…
The importance of your executor
A Will lets you decide what you want to happen to your property. But a number of the clauses are not legally binding, such as funeral wishes and the distribution of personal property under a letter of wishes.
Similarly, it’s possible to bequeath a group, such as your children or other relatives, but to leave a degree of discretion to your executors as to the exact amounts and proportions. So it’s really important to appoint someone you Trust to fulfill the role, and who will carry out your wishes where possible.
Other executors?
It’s a common trend for people to appoint their spouses or partners as their executor. This is sensible, as they’re the people who will understand your wishes the most. However, it’s also important to consider the worst case scenario, and to think about either appointing multiple executors, or to appoint substitute executors who can stand in if your original executor is unable.
You can also appoint solicitors, such as Franklins, to act as executors. This has the advantage of specialists in the area administering your estate with no risk of them pre-deceasing you. It does come at a cost to the estate, though, which is something to consider.
If you’d like further information about making a Will or would like to arrange an appointment to see one of our Solicitors, please contact us on 01604 828282 or send us a message via our online service.
We understand making a Lasting Power of Attorney can feel overwhelming and there’s a lot to consider. But it doesn’t have to be a complex process. Rosie Wright explains how Franklins can help…
Discuss your wishes
It goes without saying your first step is to arrange an appointment to discuss your wishes. This will cover everything from who you want to appoint as Attorney and whether you want any replacements, to how they should act and whether or not you want to give any further guidance.
We’ll also discuss the consequences of any options you choose, so you fully understand the Lasting Power of Attorney you’re creating. Plus, we’ll also make sure it has longevity, so it’s stands the test of time for years to come.
We’re also able to act as your Certificate provider. This means we can vouch for your capacity to make a Lasting Power of Attorney. If there are any doubts, we can discuss this with you. This is an essential part of creating a Lasting Power of Attorney.
Drafting and registering
We’ll draft your Lasting Power of Attorney and arrange for all your Attorneys to sign the Lasting Power of Attorney where required. Once this is done, we’ll register your Lasting Power of Attorney for you, so you won’t have to worry about anything after your initial appointment.
What’s next?
Once your Lasting Power of Attorney has been registered, we’ll safely store the original document and send you a certified copy. The certified copy will allow your Attorneys to act on your behalf if they need to, in accordance with our instructions.
If you’d like more information about Lasting Powers of Attorney or would like to arrange an appointment to see one of our Private Client Solicitors, please contact us on 01604 828282 or send us a message via our online service.
It was so sad to hear recently that Robin Williams’ widow and children have gone to court in a dispute over the distribution of his estate.
Following his death in August 2014 Susan (Robin William’s widow) has accused his children of taking items without her permission. The children are arguing that this is in accordance with their father’s wishes.
The dispute involves personal possessions that Robin Williams kept at his two homes and in storage. Susan considers that the contents of the home she shared with her husband be excluded from the items her husband said his children should have.
Williams’ children perhaps unsurprisingly take the opposite view, saying there should be no limit to what they are entitled to. Some of the items they are arguing about are the actor’s collection of watches and the Oscar statuette he won in 1998 for Good Will Hunting.
It is an increasingly common trend for people to argue over an estate and these arguments are not always over money, often they arise from confusion and misunderstanding about the deceased’s intentions.
My team and I work closely with our clients to help support them in putting in place the right legal structures (like a will for example) to avoid the painful situation that quite obviously the Williams’ family are going through.
Please feel free to contact me or any of my team who work with Private Clients. We can provide clear and practical advice about making sure your wishes are properly recorded and carried out after your death. (Telephone: 01604 828 282)
As of 1st October 2014, changes to the Intestacy rules came into force. This follows the enactment of the Inheritance and Trustees Powers Act 2014, the principle behind the previous rules have stood since 1925.
What has changed?
The new rules are more generous to surviving spouses and thus consequently less generous to the children. The previous use of a life interest Trust to provide for the spouse during their lifetime but ensure that the funds ultimately passed to the deceased’s children has been abolished.
Moving forward, a surviving spouse will be entitled to the first £250,000 of the estate plus all the chattels (moveable personal property) plus half of any remainder whilst the children will receive the remaining half. This can be particularly disadvantageous to the children when the surviving spouse is not their parent. If there are no children then the surviving spouse inherits the entire estate with no provision for other relatives.
What will the impact be of this change?
It is yet to be seen how this will play out, but it is unlikely to be how most people would want their estate to pass and therefore it is even more important to ensure that your Will is up to date. The rules for spouses apply equally to civil partners and would apply even if the deceased was estranged from their spouse/civil partner.
Despite the update the intestacy provisions still make no provision for unmarried couples regardless of how long standing their relationship. If you are in this situation it is imperative that you and your partner make Wills urgently.
If you have yet to arrange and update your Will, please feel free to contact me on 01604 828 282, by email, or comment below to ask a question. I’d be pleased to help.
