The Diversity of Working in Will Writing

I have had a very diverse week, I have met with a father wanting his son, who has Downs Syndrome to make Lasting Power of Attorney, completed work on Wills for a young couple with their first child and taken instructions from an elderly Indian couple, with many children wanting to make Wills.

With the first case we have had to enlist the help of the doctor. She has known the young man with Downs Syndrome for most of his adult life and was able to confirm that he understood the purpose and function of the Lasting Power of Attorney. His Father is 83 and recently widowed and whilst worried about what will happen to his son, when he is no longer around, has not considered himself. I have prepared Lasting Power of Attorney for him as well as his son, just in case he should require them. We have also discussed his Will, which he has not yet made and didn’t feel he would need. His main concern is making sure that his son is cared for once he is not around to do so.  He didn’t realise he would need to make a Will to ensure this happens.

The young couple have been able to name Guardians and leave gifts to their church and members of their family. I will update their Will for them as more children arrive and the Wills, will be stored free of charge and entered onto the Certainty Will register.

The Indian couple will require the services of a translator to ensure their complete understanding of the Wills drafted for them and confirmation that they meet their wishes. The translator will then act as one of the Witnesses. They have worked hard and built up a sizable estate which will be gifted as per their tradition.

It is this diversity that makes my working life very interesting. I never know who I am going to meet when I attend an appointment or what their story will be. I enjoy the challenges that they throw up and working out the best solution.

If you have a complicated family and you are not sure of the best way forward, get in touch today.


Enduring Power of Attorney

If you have already made an Enduring Power of Attorney, is there any benefit in making a Lasting Power of Attorney?

I think the first point to consider, is that the Enduring Power of Attorney is only in relation to property & finance. In my opinion the health & welfare Lasting Power of Attorney, is as important as its counterpart.

If I lose mental capacity, I want to know that someone whom I love and trust, is able to make sure that my best interests are met. That they will make sure, I am well cared for. That the things that have been important to me, as an individual, throughout my life will still be upheld, at a time when I am most vulnerable. It’s very important to me, that my wishes regarding life sustaining treatment are known. I would like to remain in my own home, for as long as reasonably possible. I know that my husband and children would support that decision but without this document in place, they will just be my wishes, with no voice to fight my corner.

The Enduring Power of Attorney can be used without the need to be registered, until the individual loses mental capacity. The registration process takes between eight and twelve weeks. This is a very long time for your affairs to be on hold. Attorneys are able, to continue with existing transactions but would be unable to enter into new arrangements, during this period.

Now, I realise that cost is a major reason for not wanting to go through this process again. Unlike some firms, our fees are much lower. I have spoken to clients recently, whose solicitor would charge them, more to apply for registration, than we would to complete all of the documents and oversee the registration process. We always apply for a reduction of the registration fee where appropriate. With this in mind, it may be worth thinking about putting Lasting Power of Attorney in place.

I am always happy to discuss this subject, so please don’t hesitate to get in touch if you would like more information.


Working with Someone who is Dying

It is always very sad to visit someone during the last days of their life. Some people are resolute and calm to face the end of their lives, others are scared and really don’t want to go. I met a gentleman last week who is determined to die in his own home. He is in pain, being nursed by his daughter but he is surrounded by the memories of his life. Photos of his late wife, his children and grandchildren surround the room. He is too weak to get dressed and I take his Will instructions sat next to him in the living room, with him in his dressing gown.

The gentleman wants to talk me through the photos and relays stories from his life. I am happy to listen. His daughter seems a bit anxious that I may be charging an hourly rate and this chat may be adding to my bill, it’s not. I enjoy listening to his tales of mischief and love. It’s the best bit of my job, no two people are the same and the lives people have led are fascinating.

The overriding desire this gentleman has, is that his children are all treated equally and that there won’t be any falling out, after he is gone. His wishes are very fair to all concerned, there is no room for misinterpretation. Gifts are left to each child with care and thought. The main asset is the home we sit in. Here he has lived for the past fifty years, raising his family. The garden is beautiful, a work of art, crafted with love. He is proud that his children will benefit from his hard work. They will just miss him.

The act of making a Will, will make it easier to administer his estate but more than that, the care and thought he has given to his Will, clearly demonstrates his love for his family. Due to the circumstances, the work was completed to the client’s satisfaction, within two days.


King’s Court Trust and Probate

I hope you all enjoyed the glorious Bank holiday Weekend. What a change to enjoy sunshine rather than the normal rain that seems to dominate the bank holidays generally. It just goes to show that we never really know what is around the corner. We very sadly lost a dear friend on Friday he had only been unwell for a short time and spent just a week in hospital before quietly slipping away. His poor wife now faces the daunting prospect of probate and generally winding up his affairs.

It is at times like this when immense sadness surrounds people we care about that it’s good to be able to offer a helping hand. Richardson’s Wills has recently become an approved representative of Kings Court Trust who specialise in estate administration. The service they offer is unique in the field of probate. They take on the role of executor through a power of attorney and deal with every aspect of winding up a person’s affairs, from changing insurance policies to applying for a grant of probate, they can even take over the sale of property if needed. The relief this brings to a bereaved person is enormous and allows them to grieve without the stress of trying to deal with all that is involved in administering an estate.

I recommended a client who had very sadly lost her husband in November. Kings Court Trust gave a fixed fee at the time of taking on the instruction. She has been very pleased with the service provided and at a time when she most needed help and someone to take the worry of paperwork away, Kings Court Trust were there to pick up the reigns and take control. Now over six months down the line, it is needed to make a Deed of Variation to the Will. This is also covered within the fixed fee. There will be no nasty surprises when the process is finally over. She has known right from the onset what the fee will be and if more work is needed than first thought then the fixed fee still stands. She has access to her case worker whenever she has a question or just wants to see how things are progressing.

At the worst time in your life, you don’t have to struggle with admin, just let the professionals take over but don’t stumble in blindly and end up with a huge bill and half of the work still there for you to do, use the services of King’s Court Trust.