A Lasting Power of Attorney (LPA) is a legal document that enables a person to appoint someone (an Attorney) to help make decisions relating to a person's property and financial affairs in the event that person becomes unable make those decisions themselves due to loss of mental capacity. ​ Whilst many people are familiar with an LPA in relation to...

Anyone who has made a Will knows that it needs to contain an appointment of at least one Executor.  The role of an Executor is to administer your Estate when you pass away, wind up your general affairs and ultimately distribute your estate to the people you have chosen to benefit.  Whilst this brief outline makes this role sound straightf...

The Office of the Public Guardian has recently published a revised practice note (PN7) that sets out further guidance for professional deputies and attorneys appointed under a registered Lasting Power of Attorney for property and financial affairs. The amended guidelines give advice on the regulations of giving gifts - we highlight the key measures...

There is a misconception that a Will cannot be changed after a testator has died; this is not the case. Wills can be disputed and changed based on many grounds, including lack of testamentary capacity, undue influence or coercion, lack of knowledge and approval, and even forgery and fraud. We give a rundown of the possible reasons for disputing a W...

Stress and upset following a death in the family can occasionally lead to a dispute on whether there should be a burial or cremation and even possibly where this should take place. Although a deceased's Will may indicate their wishes, where a deceased dies without a Will, there is a list of individuals who can take control of the deceased body. We ...

Have you considered who would make decisions on your behalf in the event that you were unable to because of loss of physical or mental capacity, either temporarily or in the long term? It is a common mistake to assume that your decision making will automatically pass to your next of kin. However, this is not always the case. We go through exactly w...

Dementia, among other disorders and diseases, can highlight huge challenges for both doctors and lawyers when assessing the testamentary capacity of a person when preparing their Will. The current UK law requires a person to fully understand what they are doing and the implications of such decisions. But what processes are used to ensure that someb...

In today's society, many people are choosing to put off making a Will. Perhaps it's because we're all living longer – you don't need to think about that yet, do you? In fact, making a Will is the most vital thing you can do to protect your loved ones. A properly drafted Will ensures that you decide who receives your Estate when you die and that all...