World Alzheimer`s Month Two Step Plan To Get Your Legal Affairs In Order

September is Alzheimer's month. To mark the occasion, and help raise awareness of the issues faced by dementia suffers and their families, Ian Fisher Head of Wills & Probate with Ware & Kay in York, Wetherby & Malton , provides an overview of the practical legal steps you can take to help protect yourself and your loved ones. 'Alzheimer's is the most common form of dementia and affects millions of people around the world. Receiving a diagnosis can be devastating and immediate thoughts will inevitably turn to treatment and healthcare support. However, it is also important to think about the legal and financial implications of a disease that will erode your ability to make decisions for yourself. Dealing with these issues at an early stage, while you still have the mental capacity to do so…

Wills With Sarah Collier

Making a Will is one of those things that people often put off, particularly when busy with family and work commitments.  However, it is important to take the time to think about how you would like your family and assets to be looked after on your death. Why should I make a Will? There are many reasons to make a Will: To avoid the intestacy rules (which provide for certain relatives to benefit when someone dies without a Will) - for example, to benefit an unmarried partner To make sure your personal belongings go to the people you choose To appoint guardians for minor children To leave a gift to a charity Inheritance tax planning   I already have a Will - should I review it? A Will is an important document that…

Planning Ahead With Wills And Lasting Powers Of Attorney

Planning ahead is the key to making life for you and your loved ones as easy as possible; this should include thinking about making a Will and Lasting Powers of Attorney. Making a Will There are many reasons to make a Will, including: To avoid the intestacy rules (which provide for certain relatives to benefit when someone dies without a Will) - for example, to benefit an unmarried partner; To make sure your personal belongings go to the people you choose; To appoint guardians for minor children; To leave a gift to a charity; Inheritance tax planning.   Lasting Powers of Attorney (LPAs) LPAs let you appoint people you know and trust to make decisions on your behalf and enables you to give guidance to those people on how decisions affecting you should…

The Importance Of Having A Power Of Attorney

Powers of attorney are useful if you need someone to make decisions on your behalf.  This may just be temporary (for example, to ensure that bills are paid if you were in hospital) or more long-term (for example, if you have been diagnosed with dementia). What is a Lasting Power of Attorney? A Lasting Power of Attorney (LPA) gives someone you trust the legal authority to make decisions for you.  There are two types of LPA, 'Property and Financial Affairs' and 'Health and Welfare', and you can create one or both.  The Property and Financial Affairs LPA allows your chosen attorneys to operate your finances, for example to mange your bank accounts and pay bills.  The attorney can act while they have mental capacity (if you consent) but also if you lose mental capacity. A…

Making Your Wishes Clear In 2018

For many of us, the start of a New Year is an opportunity to remember the events of the previous year and to consider plans for the future. Whilst it probably wouldn't be the first thing you think of, it may also be a good time to think about making a Will for the first time or reviewing an existing Will. Some of the reasons you may want to think about your Will are: To avoid the intestacy rules (which provide for certain relatives to benefit when someone dies without a Will) - for example, to benefit an unmarried partner To make sure your personal belongings go to the people you choose To appoint guardians for minor children To leave a gift to a charity Inheritance tax planning   If you already have…

Top 10 Reasons To Use A Lawyer To Make Your Lasting Power Of Attorney

A lasting power of attorney lets you decide who you would like to make decisions for you if you lose mental capacity.  While you may be tempted to try and do it yourself, the process is complicated and if not followed correctly your lasting power of attorney may not be valid when you need to use it. Laura Schofield at Ware & Kay in York, Wetherby & Malton , can give you her top ten reasons why you should always use a lawyer to make a lasting power of attorney. How to make a lasting power of attorney A lasting power of attorney must: be made by someone aged 18 or over who has mental capacity to understand what they are doing; be prepared using prescribed forms which request specific information and include a…

Local Solicitors Defend Lasting Powers Of Attorney

Local solicitors Sian Foster and Laura Schofield from Ware & Kay Solicitors based in York, Wetherby & Malton have defended lasting powers of attorney (LPA) after Denzil Lush, the former Senior Judge of the Court of Protection, warned they may leave elderly people open to abuse. 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. In the foreword to a new book on the subject, Mr Lush raised concerns about the "lack of transparency" in how appointed attorneys manage older people's finances. The former judge went on to criticise the Ministry of Justice as being "disingenuous" in its promotion of the…

Protect Your Children`s Inheritance By Taking Advantage Of New Tax Allowance For Family Home

Nobody wants to see their hard-earned cash go to the tax man when they die, but until recently if your estate was worth more than £325,000 you faced the prospect of having to pay inheritance tax at a rate of 40 per cent.  There were, and continue to be, ways to reduce your potential liability but none are straightforward.  The good news is that, from 6 April this year, new rules are introduced which should allow most people to reduce their inheritance tax liability with a bit of forward planning. Ian Fisher, Head of Wills & Probate at Ware & Kay Solicitors with offices in York, Wetherby & Malton explains: New rules The new rules allow most people who die on or after 6 April 2017 to leave their interest in the family home to…

Probate Fees Set To Rise

LATEST NEWS: Death taxes are rules unlawful Click on the following link to view the article: Death taxes are ruled unlawful By Frances Gibb, Legal Editor, The Times A decision has been made by the Government to change the probate applications fee structure commencing in May 2017. The purpose of the fee increase is to raise funds of approximately £300m which will be invested directly into Her Majesty's Courts and Tribunals Service (HMCTS) to streamline its efficiently, and ultimately, deliver a better service to the public and professionals. However this is not necessarily for the Probate Registry which is largely self funding from the fees it receives. Currently probate court fees are as follow: £155 (application through a solicitor) or £215 (personal application)   In comparison, the proposed new fees are eye-watering…

Top Tips Around Lasting Powers Of Attorney

Plan early While you have capacity, it's vital that you get your affairs in order and choose the best people to manage your affairs, in case of an accident or illness. You can't appoint an attorney once you lose capacity. Choose carefully Think carefully who you want to appoint as your attorney and have an open conversation with them so they understand your wishes and what their responsibilities will include. Consider appointing more than one person as your attorney so they can share the responsibility. Consider appointing a professional A family member might not always be the best person to act as your attorney. Instead, you can appoint a professional such as a solicitor. They can act as a neutral third party and make unbiased decisions that are in your best interests. Bear in mind…