Archive for November, 2016


Solicitors for the Elderly have compiled a report following a study:

The Real Cost of DIY LPAs’: What are the risks of using a DIY kit

and why should you seek expert advice?

 This report outlines the results of our study into the various methods of creating an LPA. During the study, we compared participants’ experiences of using a DIY method (either an off-the-shelf kit or the OPG online service) with their experiences of using a specialist solicitor. The study also assessed the legal robustness of the LPAs created using a DIY approach.

READ THE FULL REPORT HERE:

http://www.sfe.legal/pdfs/the-hidden-cost-of-diy-lpas.pdf

A Participant in the study says:

“I don’t think that it was possible to give these questions enough thought when filling in a form online, and I had serious concerns about making any decisions without discussing them with a solicitor first.”

Solicitors for the Elderly comment: “The participants in our study all agreed that they would not feel comfortable submitting an application made using a DIY method without first discussing it with a solicitor. After receiving a consultation with a specialist solicitor, all participants said they felt more confident about their ability to make informed and appropriate choices, and most of them made significant changes to the decisions expressed in their LPAs.”

“The perceived benefit of using a ‘DIY’ method over using a solicitor is primarily financial, as the DIY methods are cheaper in the short-term. However, SFE is concerned that by encouraging people to create ‘bargain-bucket’ LPAs without taking specialist legal advice, the OPG is potentially exposing them to unacceptable levels of risk and in doing so may be compromising its ability to safeguard those who are most vulnerable.”

 

Jo-Ann Mason of We solicitors says: “It may appear that making an LPA online is the easiest and cheapest option but it is not always the best option. It is a legal document giving significant power to another and should not be done without careful consideration and advice. A solicitor can make the whole process less stressful and much easier to understand. I visit my clients in their own homes and try to make the experience as comfortable as possible when making such decisions.”

If you would like further information on Lasting Powers of Attorney then Call WE Solicitors today and speak to our expert.

Email: jo-ann.mason@wesolicitors.co.uk

Telephone: 0800 294 3065 / 0161 683 3191

Home visits available in Failsworth Oldham Manchester Bury Ashton under Lyne Bolton Wigan Leigh Salford and all surrounding areas

 

 

 

 

 

 

 

 

At WE Solicitors, Jo-Ann Mason has met with two clients in the last week who live with their partners. Without a Will their wishes would NOT be met. The outcome would have been far different for their long term partners:

Mr A owns his owns his own house and recently moved in with his partner Ms V. she owns her own house. Whilst they are living together Mr A wanted to ensure his house went to his two sons (from his previous marriage) but that anything else he had was to go to Ms V as she was looking after him and providing his care.  He appointed his brother as an executor as he had some experience of dealing with their parent’s estates and felt he would be best to do that.

Without a Will the law says Mr A’s estate would go to his nearest blood relatives. This would be his two sons and they would be appointed as the administrators. They would not have the authority to deal with anything until they got a grant of Letters of Administration. Ms V would be entitled to absolutely nothing.

Mr C lives with his long term partner. They never got round to getting married. Mr C is terminally ill. They don’t have a lot in the way of assets but Mr C wants to make sure that whatever he does has goes to his partner Miss K. Mr C has three children. He has not seen them for years. They are a very private couple and they were particularly concerned that the children were not to come to the house and take belongings or try to take over. Mr C left everything he has to Miss K in his Will. He also did a Letter of Wishes to explain his intentions regarding his children and also his funeral wishes.

Without a Will the law says everything would have gone to his three children with whom he no longer has contact and he was very clear he did not want them involved in any aspect after he passed away. They would be entitled to his estate and his personal belongings and bank accounts would belong to his children. This is not what he wants and it is not the sort of situation he wants to leave his partner in when he has gone and she is left to deal with this on her own. He has made a Will to ensure this does not happen.

Making A Will ensures your wishes are in place. Don’t leave your partner in a very vulnerable position at an already extremely difficult time. You can ensure all your family are looked after. There are various options available that you may not be aware of to ensure you have protected your partner and your children.

If you would like further information on any of these issues and would like some free initial advice then Call WE Solicitors today and speak to our expert.

Email: jo-ann.mason@wesolicitors.co.uk

Telephone: 0800 294 3065 / 0161 683 3191

Home visits available in Failsworth Oldham Manchester Bury Ashton under Lyne Bolton Wigan Leigh Salford and all surrounding areas

 

Business man working at office with laptop and documents on his desk consultant lawyer concept

“Solicitors, not accountants, are best at delivering uncontested probate”

Here, Sally Harlow, a solicitor specialising in probate at law firm Boodle Hatfield responds, by saying there is a very good reason why lawyers remain the first choice for probate work:

LAWYERS HAVE BEEN at the heart of probate work for centuries.  It is not just because they may have drafted and stored a will, but because even the simplest estate may require additional legal documentation to be drafted and ongoing legal advice.  Probate is much more than a financial exercise.

For more see:

https://www.accountancyage.com/2016/11/09/solicitors-not-accountants-are-best-at-delivering-uncontested-probate/

WE Solicitors says: There is far more to probate and administering an estate than collecting in assets and distributing them. . You are dealing with a person’s life, with a person’s family and understanding their background. It is usually like unravelling a story and no two are the same. However, there are aspects of an estate that probate solicitors are all too familiar with and have vast experience of . Things like handling family conflicts or acting as a go between, understanding that grief and money rarely mix and knowing how to keep the estate moving as peacefully as possible. These things are not in text books or legislation and would be particularly difficult for any new comers to the probate market to instantly pick up.  Solicitors gain their skills from experience and from the knowledge of expert solicitors before them.

Dealing with an estate whether complex or straightforward is a skill which is often taken on lightly. To a family member appointed as an executor it can be a daunting task and it is no doubt time consuming. That is why we are here to help and assist in the process as much or as little as the executor would like.

We do all this n a fixed fee so there are no unexpected costs for the estate. Our goal is always to give straightforward legal advice.

If you are an executor or you would like advice on dealing with an estate please contact us for an initial chat to point you in the right direction.

If you would like a copy of our report below on probate please email:

jo-ann.mason@wesolicitors.com to request a free copy.

 7 things a newly appointed executor should know before

getting probate and administering an estate

Email: info@wesolicitors.co.uk

Telephone: 0800 294 3065 / 0161 683 3191

Home visits available in Failsworth Oldham Manchester Bury Ashton under Lyne Bolton Wigan Salford and all surrounding areas