Wrigley Claydon Solicitors

Tag: probate

  • Lasting Powers of Attorney solicitor Oldham

    Lasting Powers of Attorney solicitor Oldham

    What is a Lasting Power of Attorney?

    A legal document that allows you to choose someone (an attorney) to make decisions on your behalf. There are two types of Lasting Power of Attorney (LPA):

    Personal Welfare

    Your Attorneys can make the decisions you make on a daily basis regarding your personal welfare. This can include your diet, what medical treatment you receive or where you live. This type of LPA can only be used by your Attorney when you can no longer make these decisions for yourself.

    Property and Affairs

    Your Attorneys can make decisions about your property and finances. This can include accessing your bank or building society accounts, managing your finances or selling your property. You can decide whether your Attorneys make decisions whenever you want or only in situations when you lack capacity.

    Why should I create a LPA?

    You may wish to prepare for the future. For a time when, because of mental or physical difficulties, you are not able to manage your own affairs. You may travel abroad a lot and need someone to manage your affairs whilst you are away, you could be in an accident and someone may need to access your bank account to pay for your care, you may have strong views about the medical treatment you receive – if you lose capacity who would express these views for you? A LPA gives you peace of mind that your affairs are in order and it is you that has decided who will make those decisions for you, a LPA is like an insurance policy, invaluable should the need arise.

    Who can make a LPA?

    Anyone aged 18 or over, with the mental capacity to do so.

    What happens if I don’t make a LPA?

    Nobody has the power to make decisions on your behalf. If you lose mental capacity then someone (usually a loved one) would have to apply to the Court for an Order to make decisions on your behalf (called a Deputyship Order). It is very costly and usually takes the Court six months to reach a decision, sometimes this is too late.

    To complete a Lasting Power of Attorney or to discuss this further, please contact our Wills, Trusts and Probate team on 0161 624 6811 or email Rachel Damianou.
  • Todmorden office supporting Will Making Month 2016 with Age UK

    Todmorden office supporting Will Making Month 2016 with Age UK

    If you are looking at making a will Todmorden solicitors Wrigley Claydon are supporting Age UK’s Will Making Month during April 2016…

    Our Todmorden office are working with Age UK Calderdale and Kirklees and Age UK Todmorden throughout April 2016 as part of the charity’s ‘Will Making Month’ campaign.

    Making a will is the best way to ensure your wishes are carried out after your death.

    Make your will with us this April and help Age UK Calderdale and Kirklees and Age UK Todmorden provide services and support for older people.

    We are donating our time and expertise to write wills for Age UK supporters.

    All you have to do is contact the Wrigley Claydon Todmorden office on 01706 815712 and make an appointment between 1st and 30th April. Please say you are calling about Age UK Calderdale and Kirklees / Todmorden ‘Make a Will’ month.

    All we ask is that you make a suggested donation of £60 per person or £100 per couple which we will send to the Age UK on your behalf.

    This offer is open to anyone aged 50+, does not include home visits and only covers straight forward wills. More complicated wills may incur extra charge. Please check with us when you call to make your appointment.

  • Dealing with bereavement

    Dealing with bereavement

    Loss is never easy and whilst grieving is a normal process following a bereavement, it affects people in many different ways.  You may feel shock, numbness, anger or feel unable to cope with matters that would normally not be a problem.  This is all perfectly natural but having a guide as to what to do and when can assist.  On your list should be:

    • Contact a Funeral Director even if you do not have the Medical Certificate.
    • Make an appointment to register the death as soon as you have the Medical Certificate, usually within 5 days of the death unless the death has been referred to the Coroner.
    • Inform anyone you think may need to know for example Home Help, family Doctor, the DWP, employer, Insurance companies, Banks, Pension Companies, Gas, Electricity and telephone suppliers. Using the Registrars “Tell us Once” Service can ease this burden.

    At Wrigley Claydon we have a dedicated team of Probate professionals who can guide you through the process.  We can help ease some of the strain even in the most straight forward cases and take on the heavy burden of more complex cases.

    Our services need not be costly; we can tailor make parts of our Probate package to suit you.

    Please do not hesitate to get in touch for confidential and initial free advice to discuss how we can support you.  Please call 0161 624 6811 or email our partner Rachel Damianou who heads up the team at rld@wrigleyclaydon.com.
  • Remember a Charity in your Will Week 2015

    Remember a Charity in your Will Week 2015

    We are showing our support for ‘Remember a Charity in your Will Week’ from Monday 7th to Sunday 13th September 2015.

    The week, organised by Remember A Charity, aims to increase awareness of the importance of charitable legacies, and encourage more people to think about including a good cause in their Will, after they have looked after family and friends. As a campaign supporter Wrigley Claydon is encouraging its clients to name a cause close to their hearts as a beneficiary of their Will.

    As part of the national Remember A Charity Week 2015 campaign, six pensioners have already pledged their support and signed their Wills at 10’000ft, while skydiving alongside a solicitor.

    Rachel Damianou, Partner and head of Trusts, Wills and Probate at Wrigley Claydon commented, “Only a small proportion of us set our affairs in order with a properly arranged Will. Costing surprisingly little, a Will gives you the peace of mind that your loved ones will be provided for. It also gives you the opportunity to leave a lasting legacy. Legacies are the foundation of many good causes in the UK and you don’t need to leave a lot to charity to make a substantial difference.”

    74% of the UK population supports charities and when asked almost half of those people say they would be happy to leave a charitable gift in their will once family and friends are provided for. The problem is that very few actually do. If just four percent more of us did, it would generate an extra £1 billion for UK charities every year.

    Rob Cope, director of Remember A Charity added, “Gifts in Wills are the foundation of many of Britain’s charities, creating more than £2 billion for the provision of critical services each year. We hope Remember a Charity Week 2015 will reach our biggest audience to date thanks to the support of Government bodies, charities and solicitors.”

    If you haven’t already prepared a Will, stating to whom and where you would like your assets to go after your death, please contact our friendly and professional team on 0161 624 6811.

    If you would like to discuss leaving something in your Will to a charitable cause, whether adding an amendment to an existing Will, or including this provision in a new Will, we can assist you.

  • Is your Will up to scratch? Advice from our Wills and Probate solicitors

    Is your Will up to scratch? Advice from our Wills and Probate solicitors

    A woman is seeking hundreds of thousands of pounds compensation from Barclays, claiming the bank’s Will-writing service resulted in her losing a stake in a valuable London home.

    Barclays is contesting the claim.

    The matter has now gone to the High Court.

    Court documents show that in 2007 Ebenezer Aregbesola used Barclays’ £90 Will-writing service to create a Will dealing with his various assets including homes overseas and in London. His Will instructed half of the London home to be given to his daughter on his death.

    The property was owned jointly by Mr Aregbesola and his wife – who was not the daughter’s mother. Because of the joint ownership, on Mr Aregbesola’s death in early 2014, the property went wholly to his wife – in contravention of the wishes spelt out in the will.

    In order for the Will’s conditions to have been fulfilled, it is alleged that Barclays should have severed the joint tenancy agreement. This would have enabled half of the property’s value to pass as instructed to his daughter. Because this severance process – which the Ombudsman described as “a simple formality” – was neglected, the joint tenant, Mr Aregbesola’s widow, is legally entitled to the whole property.

    The case highlights the danger of popular, cheap “DIY” wills which are often too simplistic to reflect accurately their owner’s wishes.

    By making a Will, you can choose to whom you want to leave your estate as well as appointing guardians to look after any young children should you die whilst they are under 18. By planning ahead, you can ensure that you do not cause unnecessary difficulties for your loved ones. You can use your Will to look after everything that is important to you, including charitable causes.

    We are experts in these complex areas of law but you will find the legal advice we offer is straightforward and easy to understand. Please contact Rachel Damianou or Jyoti Patel, our Wills and Probate solicitors, on 0161 624 6811.
  • Powers of attorney for business owners

    Powers of attorney for business owners

    When you set up a new business, one of the first things you need to put into place is insurance. Whether this is employers’ liability insurance, buildings insurance or contents insurance, it makes sense to know you’re protected. But what would happen to your business if you were no longer there or able to take care of it? This is where Lasting Powers of Attorney (LPA) can help.

    Appointing an attorney is like taking out another form of insurance for your business – it’s the peace of mind in knowing that someone you trust will be there to take care of things if you aren’t able to do so. Problems with the business could affect a range of people – from your customers who may be reliant on your service or products, to your employees who depend on their wages, to your family who may feel the strain should your business suffer. While it may seem obvious who would take over your business affairs if you were required to stop working, an LPA is required for this to go into affect. Without an LPA, your trusted partner or colleague would not have an automatic right to handle your affairs and there is no guarantee of what would happen to your business, so it needs to be formally put in writing.

    But who should you appoint? A business Lasting Powers of Attorney is different to a personal Lasting Powers of Attorney and it’s important to know what you are granting someone the power to do. In most circumstances, an attorney is able to buy and sell property, organise insurance, access bank statements and accounts, invest assets, and deal with taxes on your behalf – so it is crucial you choose someone you trust. Unlike a personal LPA, a business attorney may not necessarily be a friend or relative, but rather someone who knows the business well and who you trust with your professional affairs. If you have a business partner, they would be the obvious choice. Should you not have just one person who you trust with everything, you may be able to elect more than one attorney – for example, you may wish to elect a colleague to take care of accounts and business decisions, but a family member to take care of property or assets.

    Following recent changes in the law, appointing an attorney is now significantly more complicated. We have created an information sheet, outlining all the necessary information required to make and implement your decision, however, we highly recommend contacting a trusted solicitor. Our team of professionals have years of experience and can assist you from the beginning to the end of the process, ensuring that your business is in safe hands.

    To speak to our probate team, contact us on 0161 624 6811 or send us a message through our contact form.
  • The importance of making a Will

    The importance of making a Will

    A recent study by Aviva has revealed that money is often a taboo subject for the over 55s, with more than a quarter of over 55s admitting they haven’t discussed their financial retirement plan with their spouses. Even more worryingly, only just over a third of over 55s have yet to write a Will. This resistance to discuss important financial decisions even with loved ones can lead to troubling consequences, and it is important to ensure that you are in control of what happens to your property, possessions or savings if the worst should happen.

    While discussing the inevitable can be difficult to face, should you pass away without having written a Will, the law will determine how your money, property and possessions are divided. In today’s society where many families have a less traditional structure, this can create unnecessary issues where loved ones to whom you may want to leave a sum of money may not be able to receive it. Your property or possessions may also risk being left to someone who you do not wish to inherit them.

    However, by putting a Will in place as early as possible, you will be able to put plans in place for your children, grandchildren, spouse or other loved ones. It is important that it is written correctly by a qualified law professional. While many companies now sell ‘DIY’ will writing kits, or instructional books on how to write a Will, it is very easy to make mistakes. The correct jargon must be used and any vague or unclear language, as well as any spelling or grammatical errors, could cause your will to be interpreted incorrectly. Often more importantly, mistakes made when signing and witnessing a Will can result in the Will being invalid entirely.

    It is also important to keep your Will up to date. Your Will can be amended any time, so if your family circumstances change (such as grandchildren being born or a divorce within the family), it is possible to modify your original document to reflect these changes. Your will should also be modified if your financial situation changes, for example if you have inherited a sum of money or set up a business, so that your new assets can be included in the document, and also to prevent any tax complications.

    Making a Will should not be left to old age – at Wrigley Claydon, our Will Department are able to help you make a Will, or amend your pre-existing Will if your circumstances have changed.

    Our team of professionals can assist you from start to finish and ensure that your loved ones are covered. To read more about the process of making a Will, download our information sheet. You can also call us on 0161 624 6811 for more information, or contact us through our enquiry form.
  • Does charity begin at home? Making a Will

    Does charity begin at home? Making a Will

    September saw “Remember a Charity in your Will” week. Charities joined forces with the government to highlight the importance of gifts left to charity in Wills.

    Apparently, 74% of people regularly support a charity in their lifetime but only 6% of people in the UK have left a gift to charity in their Will.However, during a six month project conducted by the Cabinet Office Behavioural Insights Team, this percentage rose to 10% when Solicitors told their clients that leaving a gift to charity was an option.

    When clients were asked if there were any charities that they were passionate about, giving rose again to 15%. During the trial an additional £1m of gifts was left to charities in Wills.

    Leaving a gift to your favourite charity on your death is one of the many reasons for making a Will. Making a Will ensures that any specific intentions you have for the disposal of your property, money and possessions, after your death, can be carried out.It also gives you the opportunity to provide for your children, a relative or friend or to minimise potential tax liabilities. Above all, it prevents added stress and worry to your family at a time of bereavement.

    If you would like to talk to us about making a Will please call us on 0161 624 6811 and ask to speak to a member of our Wills and Probate Team.

  • What we do as your probate solicitor after someone has died

    Probate SolicitorDo I need a probate solicitor?

    When someone dies, someone needs to sort everything out. Death is a major event which has consequences that need to be properly handled on behalf of the deceased. Probate is the legal authority conferred upon someone to carry out the administration of the estate.

    The ‘estate’  includes;

    • money, both cash and money in a bank or building society account. This could include money paid out on a life insurance policy
    • money owed to the person who has died
    • shares
    • property, for example, their home
    • personal possessions, for example, their car or jewellery
    As your probate solicitor these are the services we can provide;

    1. Register the death with all the relevant authorities without the need for you to obtain numerous death certificates and contact numerous authorities.

    2. Obtain the official document called a grant which authorises a named individual to administer the estate for example close bank accounts and encash insurance policies held by the deceased.

    3. Our application for a grant as a probate solicitor will be dealt with in priority to an individual’s application.

    4. Deal with the inland revenue on your behalf.

    5. Ensure monies are paid out to the correct beneficiaries – identification can be problematic especially if there is no will. we are fully insured.

    6. Arrange for property to be transferred following a death or deal with its sale.

    It is always best to get legal advice from a probate solicitor.  We are an experienced firm who understand and are able to deal with all possible aspects that can arise on someone’s death.

    For more information or to speak to one of our probate solicitors Rachel Damianou or please call us on  0161 624 6811.