Wills, Probate and Lasting Power of Attorney

We offer an expert and proactive service covering Wills and Probate matters and Lasting Power of Attorney. We are able to provide a wealth of advice and practical support to you and your family throughout all stages of life.

Making a will is normally very straightforward. Following an initial appointment with one of our solicitors to discuss the specific details of your will, we will draw up a draft for your inspection and approval.

There will then be a subsequent appointment to sign and witness the will and we are happy to store the original copy of your will if required.

Given that, it is surprising how many people have not yet made a will.

Perhaps they are put off because of the perceived expense.

Why not contact us today?

You may be pleasantly surprised at the cost.

We advise everyone who is embarking on separation or divorce to make a new Will.

This will give you peace of mind about who would care for children in the event of your death, and who would inherit your property.

It should also be noted that divorce changes existing Wills.

After divorce, any gift to a former spouse in an existing Will is certain to fail.

In the event of you remarrying, any existing Will is automatically revoked.

Contact us today- for your peace of mind.

When a loved one dies it is a traumatic time. There are people to notify and forms to be filled in and sent off, bank accounts to be closed and shares to be sold before a Grant of Probate is issued. It is all very time consuming and stressful, and even more so if the loved one died intestate (without making a will).

Crofts Solicitors will be happy to act for you in dealing with all probate matters, keeping you informed of progress along the way.

We can also assist if you find that no or insufficient provision has been made for you in their Will or when they die without leaving a Will. If someone else thinks they should have been provided for in the Will and they decide to make a claim we can also assist you in this matter.

We understand the distress caused in such situations and we are able to help clients in any circumstance.

Our Conveyancing staff will be happy to act for you in selling the deceased’s home and in buying a new home for the survivor.

There may come a time when you may wish to appoint someone to look after your affairs.

An LPA (Lasting Power of Attorney) is a legal document that you (the Donor) make using a special form.

It allows you to choose someone now (the Attorney) that you trust to make decisions on your behalf about things such as your property and affairs or personal welfare at a time in the future when you no longer wish to make those decisions or you may lack the mental capacity to make those decisions yourself.

The new Lasting Powers of Attorney came into force in October 2007. This is a far more comprehensive document than the old Enduring Power of Attorney.

There are now two different types of Lasting Power of Attorney (LPA), namely:

A Personal Welfare LPA

A Property and Affairs LPA

These can only be used after registration with the Office of the Public Guardian (OPG)

A Personal Welfare Lasting Power of Attorney (LPA) allows you to plan ahead by choosing one or more people (The Attorney) to make decisions on your behalf regarding your personal healthcare and welfare.

These personal welfare decisions can only be taken by somebody else when you lack the capacity to make them for yourself; for example if you are unconscious or because of the onset of a condition such as dementia.

The Attorney(s) you appoint to make personal welfare decisions will only be able to use this power once the LPA has been registered and provided that you cannot make the required decision for yourself.

You can decide to give your Attorney the power to make decisions about any or all of your personal welfare matters, including healthcare matters. This could involve some significant decisions, such as:

Giving or refusing consent to particular types of health care, including medical treatment decisions; or

Whether you continue to live in your own home, perhaps with help and support from social services, or whether residential care would be more appropriate for you.

If you want your Attorney(s) to have the power to make decisions about 'life-sustaining treatment', you have to expressly give your chosen Attorney(s)  the power to make such decisions by completing sections 6 and 12 of the LPA form.

You can also give your Attorney(s) the power to make decisions about day-to-day aspects of your personal welfare, such as your diet, your dress, or your daily routine. It is up to you which of these decisions you want to allow your Attorney to make.

This type of LPA does not allow the person(s) you have chosen (your Attorney) to make decisions about your property and affairs.

A Property and Affairs Lasting Power of Attorney (LPA) allows you to plan ahead by choosing one or more people to make decisions on your behalf regarding your property and financial affairs.

You can appoint a property and affairs Attorney to manage your finances and property whilst you still have capacity as well as when you lack capacity.

For example, it may be easier for you to give someone the power to carry out tasks such as paying your bills or collecting your benefits or other income. This might be easier for lots of reasons: you might find it difficult to get about or to talk on the telephone, or you might be out of the country for long periods of time.

You can decide to give your Attorney(s) the power to make decisions about any or all of your property and affairs matters. This could include paying your bills, collecting your benefits or selling your house.

This type of LPA does not allow your Attorney to make decisions about your personal welfare.

Anyone aged 18 or over, with the capacity to do so, can make an LPA appointing one or more Attorneys to make decisions on their behalf.

You cannot make an LPA jointly with another person; each person must make his or her own LPA.

We will be happy to advise, draw up and register the LPA for you or your loved one.

Crofts Solicitors - we talk to you, not at you