Making a Will at a time when you are composed enables you to tailor your wishes to your personal circumstances. You will be able to:
- Choose your beneficiaries
- Ensure your family are adequately provided for
- Nominate guardians for infant children
- Appoint executors and trustees of your choice
- Plan carefully to minimise any Inheritance Tax liability
- Make donations to Charitable Organizations
- Advise on your preferences with regard to funeral arrangements
Home visits can be arranged if required at a time to suit you.
Trusts
Everybody’s requirements are different and as such, these are not always dealt with effectively by simple Wills or gifts. Consequently, it may be the case that a Trust would be a more sensible way to deal with disposing of your assets in the longer term.
The type of trust set up will depend on your circumstances and preferred outcome, but trusts are often suitable when considering children under the age of 18 or infant children; children from a former relationship; disabled beneficiaries; or where you would like to allow a spouse or partner to remain in your property, which reserving the eventual benefit to somebody else.
Trusts can also assist in estate planning for minimizing any Inheritance Tax liability.
Lasting Powers of Attorney
Since 1st October 2007, it is no longer possible to make the more commonly known Enduring Powers of Attorney. However any EPA validly created prior to 1st October 2007 will still be valid.
The Enduring Power of Attorney has been replaced by a more comprehensive instrument known as a Lasting Power of Attorney, of which there are two types from which to choose;
1. The Property and Affairs LPA; or
2. The Health and Welfare LPA
The Property and Affairs LPA is limited to dealing with financial matters, payment of bills, sale of property/investments to realise funds if necessary and re-investing to maximize assets.
The Health and Welfare LPA is designed to deal with matters such as ‘refusal of medical treatment’, and circumstances in which you wish to guide your Attorneys to make life and death decisions on your behalf, should it be the case that you are unable to/unconscious etc. These powers can also deal with e.g., moving into a Nursing Home, possibly detailing your preferences, likes and dislikes and so forth.
Court of Protection
Sadly, there are occasions where clients suddenly become mentally incapacitated – possibly as a result of a stroke and when it does become all apparent that help is needed, it is often, too late.
In these circumstances, we can assist by making an application to the Court of Protection for a Deputyship – possibly in favour of a trusted family member or close friend, or other professional.
Probate
The Private Client Department at Mullaney & Co, headed by Mrs Elizabeth Mullaney, are experienced in dealing with all aspects of Probate, with or without a Will.
We can take the pressure away from you, at a time when you are possibly grieving and coming to terms with the loss of a loved one, by dealing with the Administration of the Estate, minimizing the effect of Inheritance Tax wherever possible and transferring assets to those who are to benefit.
Testate (where there is a Will) or Intestate (where the deceased did not make a Will) – we are experts in dealing with the administration of an estate, in either situation. Call us on 01323 431292 or contact us for more information. |