Saint Catherine's Hospice Make a Will Week 29 March to 02 April, 2021

Pearsons & Ward Solicitors in Malton (part of Ware & Kay Solicitors based in York & Wetherby) is delighted to support the Saint Catherine’s Hospice Make a Will Week. We have agreed to give our time and expertise for free to support Saint Catherine’s Hospice Make a Will Week. We will happily speak with you to take your instructions for a simple Will during this week and draft a professional Will in accordance with those instructions. We will also arrange with you for your Will to be signed by the end of May 2021. In return, you will make a donation to Saint Catherine’s. Our suggested minimum is £125* per single Will and £200* per matching pair. This is payable at the time you sign your Will with us and we will forward the donation…

Contesting a Will – do I have a case?

Will disputes are becoming increasingly common due to an increase in the elderly population, a rise in dementia and Alzheimer’s sufferers, changes in family structures and the increasing value of estates.  A Will needs to satisfy a number of criteria to be valid. The presence of any of the factors below may invalidate a Will: Lack of mental capacity when the Will was made. Lack of knowledge and approval of the terms of a Will. Undue influence. This needs to be more than mere persuasion but something that overpowers the will of the person making the Will. Fraud and forgery. Will not properly executed. There are certain formalities set out by the Wills Act 1837 which must be satisfied. This includes a Will being in writing, signed and witnessed. Although there is technically no…

What happens if I die without making a valid Will?

This is known as dying Intestate. The Intestacy rules make provision for spouses and certain blood relatives to inherit your assets when you die.  However, the division between your family can be very complicated and it isn’t usually as expected or as you would have intended.  Where there is no Will, a surviving spouse might not be sufficiently provided for financially. In addition, young children may have access to wealth before they are financially mature.   Any unmarried partners, friends, charitable organisations, step-children and step-grandchildren would not inherit your estate if you didn’t make a Will.  Instead, only spouses, blood relatives and persons adopted into your family would be included.  This could include distant or estranged blood relatives.  If you had no surviving relatives, your estate would pass to the Crown.  If you make a Will, you…

Do I need to change my existing Enduring Power of Attorney into a New Lasting Power of Attorney?

Enduring Powers of Attorney (EPAs) were replaced by Lasting Powers of Attorney (LPAs) on 1 October 2007. Although new EPAs cannot be created, or existing ones amended, EPAs are still valid. EPAs only cover decisions regarding your finances and property, they do not cover health and welfare decisions. If you wish for your attorneys to be able to make decisions regarding your health and welfare, you would be advised to make a new LPA for health and welfare decisions. This would then allow your attorneys to make decisions on your behalf regarding issues such as your daily routine, medical care and where you live. An LPA for health and care decisions can also allow your attorneys to refuse or consent to life sustaining treatment. Not only does an LPA have more options, it also gives more…

Are you concerned about family members contesting your Will?

We have seen that attempts to contest a Will are on the rise.  In the past, such claims were largely limited to high-value estates but we are now seeing an increase in claims against estates of all sizes. When claims are made, the costs can run into tens of thousands of pounds and they can take many years to settle.  The added stress of dealing with a claim along with the delay in bringing matters to a conclusion can be distressing for your loved ones. Our highly skilled and experienced lawyers can provide you with all the necessary advice and guidance when you make a Will with us.  As part of our Will service, we are happy to prepare comprehensive Statements of Reason as a means of providing the best possible opportunity for claims to be…

Lasting Powers of Attorney: A vital part of succession planning for farmers

Farming families have had a particularly difficult period during the Covid-19 pandemic, facing increased demand from consumers with limited time and resources at their disposal. Farming is an already demanding occupation with heavy machinery, livestock, dangerous chemicals, silos, and slurry pits as daily hazards encountered as part of running the business. With so much relying on the physical health and capability of key individuals, having a contingency plan in place in case something goes wrong is a must. Lynne Smith, Private Client Specialist and part of the agricultural law team at Pearsons & Ward Solicitors in Malton* advises that making a Lasting Power of Attorney (LPA) should be a vital part of business succession planning for farm owners, who are at increased risk of becoming physically or mentally incapacitated at any time. An LPA is…

Wills and how to protect your wealth

What is a trust? A trust is a legal arrangement where individuals are chosen (known as Trustees) to look after assets for the chosen beneficiaries.  Trusts can take effect during a person’s lifetime or alternatively, they can be incorporated into Wills which take effect on death.  This article focuses on Will Trusts.   Circumstances where a Will Trust would be beneficial Most of us are unaware of the various ways in which setting up a Trust in a Will can help safeguard assets and protect beneficiaries including existing family members and also future generations.  Some key uses of Will Trusts are set out below: Vulnerable beneficiaries. This could be relevant if the beneficiaries of your estate are physically or mentally disabled, are insolvent or have issues with substance abuse, for example. Setting up a Will Trust…

Why a health and welfare power of attorney is a good idea

A health and welfare lasting power of attorney is a legal document which allows you to appoint people you trust to make decisions about health treatments and personal care for you if you lose the mental capacity to make such decisions for yourself Sian Foster, a specialist with Ware & Kay in York explains how this document gives your attorney the power to make decisions, on your behalf and in your best interests, in regard to things like eating, washing, medical care, where you should live, or whether to continue life-sustaining treatment. The exact decisions they can take for you will depend on your instructions. For example, an attorney can only consent to or refuse life-sustaining treatment on your behalf if you specifically state this. You can give your healthcare attorney power to refuse medication or…

The importance of Wills for farming families: safeguarding the future of your farm

“Keep Safe” is a phrase we have heard frequently in the past few months – whilst we all need to take heed – don’t forget the importance of keeping your farm or property safe too. It is not unusual to have more than one generation of a family working on a farm and if the owner has not left clear instructions about who is to inherit the estate there is huge potential for dispute.   ‘With the increase in land prices over the years, farm assets may be worth literally millions of pounds and the consequences of a family member dying intestate without a Will can be disastrous’ says Laura Carter, Wills & Probate Solicitor. Making a Will is particularly important in farming families where some members want to farm and others do not or cannot…

Wills and how to protect your wealth

What is a trust? A trust is a legal arrangement where individuals are chosen (known as Trustees) to look after assets for the chosen beneficiaries.  Trusts can take effect during a person’s lifetime or alternatively, they can be incorporated into Wills which take effect on death.  This article focuses on Will Trusts.   Circumstances where a Will Trust would be beneficial Most of us are unaware of the various ways in which setting up a Trust in a Will can help safeguard assets and protect beneficiaries including existing family members and also future generations.  Some key uses of Will Trusts are set out below: Vulnerable beneficiaries. This could be relevant if the beneficiaries of your estate are physically or mentally disabled, are insolvent or have issues with substance abuse, for example. Setting up a Will Trust…