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Category: Wills and Probate

Choosing who to appoint as an attorney for your Lasting Powers of Attorneys

Once you have chosen whether or not you wish to set up a Lasting Power of Attorney (LPA), you need to consider who you want to act as your attorney or attorneys. This is an important choice which you should carefully consider, taking into account the role and responsibilities that come with being an attorney and who you can trust to act in your best interests in the event you are unable to deal with your own affairs. In this article, we’ll discuss who can be an attorney and things to think about before appointing your attorney or attorneys. 

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What makes a Will invalid?

One common reason our contentious trust and probate team see Wills being disputed is because the Will is believed to be invalid. It is important when making your Will that you understand how a valid Will is made and ensure you take the appropriate steps, to avoid your loved ones having to possibly raise a claim when you have passed away. In this article, we discuss what makes a Will invalid and what to do if you believe your loved one has left behind an invalid Will. 

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Why it’s important to consider setting up Lasting Powers of Attorney

Whilst it’s commonly associated with the elderly, setting up Lasting Powers of Attorney (LPA) can prove beneficial for many people – as unfortunately, they are often needed in situations that can’t have been previously predicted, such as becoming very ill or having an accident meaning you require help managing your affairs. In this article, we’ll explain in more detail the two different types of Lasting Powers of Attorney and their benefits. 

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Some situations where the law is commonly misunderstood in family circumstances

Often we speak to clients who believe they have, or don’t have certain legal rights – which are often commonly held perceptions in the general public however, not necessarily correct. 

As there are many misconceptions about family circumstances and the law, we thought it would be helpful to provide a brief summary of a few situations and beliefs we commonly come across about common law marriage rights, father’s rights, divorce grounds, Wills and Lasting Powers of Attorney, to help you understand your true legal position.

If you do find yourself in any of the below situations though, it is always important to seek independent legal advice to understand your individual position and rights. 

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Who can I appoint as an Executor in my Will?

A question our Wills and probate team often get asked is who can act as an Executor. In this article, we’ve shared who you can appoint as an Executor along with some things you should consider before making this important decision, to help ensure your estate gets handled as you wish it to. 

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What are the duties of an Executor of a Will?

When making a Will, it’s important to carefully consider who you’d like to appoint as an Executor, as they play an important role in ensuring your wishes are met once you pass. In this article, we’ll share more about what duties and responsibilities an executor will have, to help you consider who is the best person or people to nominate to administer your estate. 

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What to do when capacity to make a Will is doubted

When a person makes a Will, they must have testamentary capacity to ensure their Will is valid. Over recent years, we have seen huge percentages of Wills being contested due to doubt over a Testator’s (the person who made the Will) capacity. In this article, we’ve explained what the testamentary capacity requirements are and shared points you need to consider if you have any doubts over an individual’s capacity when they made their Will. 

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