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Power Of Attorney Solicitors Near Me

When giving someone power of attorney, using a legal professional keeps everything safe and secure. But who will you use? An internet search for “power of attorney solicitors near me” isn’t enough.

These are crucial decisions that will have a direct impact on your quality of life or that of someone close to you.

According to the Law Society, using experienced power of attorney solicitors is the best way to set up this kind of arrangement and make sure it is in the best interests of the donor.

To contact a solicitor near you call us on 0845 1391399 or complete a Free Online Enquiry

Here’s what you need to know before you do:

What is the difference between Power of Attorney and Lasting Power?

Before you decide which solicitor to use, it’s important to understand that there is more than one type of power of attorney:

1) Standard Power of Attorney

A “standard” Power of Attorney (PA) lets one individual make decisions for another, the donor. This can only be while the donor has mental capacity and for matters of finance, property, and investments.

It’s often used when one individual can’t be present because of illness or immobility, whereupon their attorney signs documents or makes decisions on their behalf.

A standard Power of Attorney normally has a set end date. It also ends if the donor loses the mental capacity to make decisions.

2) Lasting Power of Attorney

As the name suggests, a Lasting Power of Attorney (LPA) gives someone the ability to make decisions on a donor’s behalf on a more permanent or longer-lasting basis.

There are two types of LPA. One governs financial decisions, covering similar areas to a standard Power of Attorney. The other is an LPA for health and care, covering everything from medical care decisions to the donor you will live, eat, and who you can see.

This kind of power of attorney will only come into effect if the donor loses mental capacity – the ability to make decisions for themselves. They have to possess mental capacity in order to set up the LPA in the first place.

This kind of PA is commonly put into place when a person becomes aware they may lose the ability to make decisions in future because of a progressive condition such as dementia.

3) Enduring Power of Attorney

As of 2007 and the Mental Capacity Act, no new Enduring Power of Attorney can be applied for. These once covered a similar sort of area as an LPA for financial decisions, but are now outdated.

An Enduring Power of Attorney registered before the cut-off date in 2007 will still have force but may need to be updated to be in line with the act.

Why use a Power of Attorney solicitor?

You do not legally have to use a solicitor to register a Power of Attorney or an LPA. However:

Life-altering decisions – these are often critical, highly personal decisions that will govern your quality of life. It’s worth knowing the arrangements are correct and legally binding.
Professional advice – with such weighty legal and personal matters, it’s good to get expert advice as to the best way to proceed. A solicitor will provide that.
Remove the burden – help loved ones by taking these stressful and challenging decisions out of their hands and entrusting them to a professional.

How to choose a Power of Attorney solicitor near you

Finding a trustworthy power of attorney solicitor near you calls for more than a quick internet search. It’s a good idea to:

Get in touch – the best way to determine if you can form a good working relationship with your solicitor is to speak with them. It’s always nice to deal with people who are friendly and approachable as well as legal experts.
View their reviews or reputation – online reviews can help illuminate a practice’s reputation, though it’s important to remember that most satisfied clients don’t tend to write reviews.
Check their history – how long has the practice been in the local area? For example, E A Harris has served Shotton, Connah’s Quay, Queensferry, Ewloe, Hawarden and Buckley for over 100 years.

What the solicitor will need to know

Before they can give you helpful and accurate advice, any power of attorney solicitor will need to know:

Your will status – whether you have made a will.
Your attorney choice – who you would choose to make decisions for you.
Your assets – including any property and your income.
Your special wishes and conditions – any ways you may want your assets to be handled or medical conditions you might have.
Your permission to get this advice – if you are acting on behalf of someone else who may wish to give you their attorney.

Once they have this, your chosen solicitor should have everything they need to guide you in setting up the correct kind of power of attorney in a way that is good for you, the donor, and your nearest and dearest.

Contact us today to get a cost and commitment-free quote or to get expert advice from our friendly and approachable team.

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Let us know a little about your situation on 0845 1391399 or by completing a Free Online Enquiry today and we can connect you with a legal specialist who can give you the kind of advice you’re looking for.

Wills Solicitors Near Me

Wills solicitors near me – selecting the most suitable for you

Selecting a legal expert to help you write a will is the safest way to do it. If you haven’t used a solicitor before though, it can be difficult to know which to choose. An online search for “wills solicitors near me” is sure to present many options. So, how do you pick?

To contact a solicitor near you call us on 0845 1391399 or complete a Free Online Enquiry

Follow these guidelines and you should be well on your way to selecting the most suitable candidate:

How To Choose Wills Solicitors Near You

1) Check Their Fees

The Law Society – the professional association of solicitors in England and Wales – recommends that solicitors charge the following fees for writing a will:

0.75% of the value of any property in the will
1.5% of the value of other assets
Any additional fees on top

These are the base guidelines for fees you can expect. Be sure to work out if those are in line with what you’ve been offered by any solicitor you reach out to.

If you can get a free quote, that’s definitely a good idea. You also want to ensure you understand what extra fees you might be liable for and exactly what these are.

2) Examine Their Qualifications

Checking to make sure your will solicitor is qualified to give you legal advice sounds obvious. Yet it’s something that lots of people fail to check before going choosing a service, only to face problems later.

A good source of reliable accreditation is the previously mentioned Law Society. For instance, EA Harris has Law Society LEXCEL accreditation. This tells you we have approved standards and case management systems.

3) Explore Their Reputation

If you haven’t used a particular wills solicitor before, it can be difficult to know the level of service you can expect. If they’re local, try searching out local opinion. Ask friends and family if they – or anyone they know – has had a positive experience with a firm before.

You should also check for testimonials on the firm’s website – especially if they provide actual details of the persons using their services who you might be able to follow up with.

4) Test Their Approach To Communication

This is often less important with a wills solicitor than it is with other legal services lawyers provide – conveyancing, probate, or family law for example – because you theoretically won’t need their services on an ongoing basis.

For instance, when choosing a conveyancing solicitor, you don’t want to be left having to constantly chase to get an update as to where the process is currently at. A will solicitor should only be needed once or very intermittently. This makes constant, reliable contact less important.

That said, good communication skills and a helpful attitude are important for any legal specialist. They should be clear about what it means for you to set your will up in the way you want. They should do so without legal jargon or condescending to you.

The one time this is likely to become more valuable is when you update your will. This is worth doing whenever you pass a major life event, such as when you:

Get married
Get divorced or separate
Have a child
Buy an expensive asset or property
Get a little older (by which is meant it’s wise to review your will every five years or so)

5) See If They Offer Executor Services (Or Other Support)

There are several roles that it is vital to find people to fill if your will is going to be valid. One of those roles is the executor. You normally need at least two of these (to cover circumstances where one executor predeceases the testator – the person whose will it is).

The job of an executor is to make sure the wishes in your will are carried out. It’s a responsible role and can place a great deal of pressure on a loved one already dealing with grief. For this reason, many people choose to name a solicitor as an executor of their will.

If this is something that might be helpful to you, it is worth enquiring about it at the same time as you’re choosing between wills solicitors near you. On top of getting peace of mind, you might be able to secure a discount – or at least a favourable quote – if you book multiple services simultaneously.

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Wills And Probate Solicitors

Rely on wills and probate solicitors who support you throughout

Even if you are named as an executor in a will, you still need to apply for probate. This isn’t always easy. The probate process is complicated too – the last thing you need when also grieving the passing of a loved one. That’s where our supportive wills and probate solicitors come in.

It’s the job of a solicitor who specialises in wills and probate to make the process easier for you and to give you peace of mind.

Because, as an executor, you are sometimes personally liable for mistakes made during probate. This means you might have to pay a financial penalty or costs later if any errors are made.

To contact a solicitor near you call us on 0845 1391399 or complete a Free Online Enquiry

Let Us Help You Write A Will In The First Place

The most powerful protection you can give your loved ones is a cast-iron will that makes sure your wishes are carried out when you are no longer able to make sure they are.

Of course, we all hope that this is a day very far in the future. We also understand it can be a difficult subject to talk about.

Our friendly and supportive will solicitors know how to make the process stress-free and approachable, leaving you – or one of your nearest and dearest – with a will that is valid and easy to enforce.

What Does A Wills And Probate Solicitor Do For You?

On top of creating the document itself, our wills and probate solicitors will guide you through the often complex and stressful process of applying for probate.

Probate is the legal right to handle someone’s estate after they pass away. You need this right in order to sell any property they may own, pay the correct tax, and distribute the legacies to the right beneficiaries.

You can rely on one of our probate specialists to help you:

1) Apply For Probate

Even if you are named as an executor of a will, you still usually need to apply to get the legal document called a Grant of Probate.

There are also some circumstances where you might not need to apply. This might be if the deceased did not leave a will (in which case, you may need what is called a Grant of Letters of Administration) or if their estate was very small (perhaps valued at less than £15 000).

In every case, your solicitor will guide you through the process, explaining how and why you should proceed in this way.

2) Value The Estate

The estate of a person who has died needs to be valued accurately. If the valuation is later found to be inaccurate, as the executor you can be found personally liable.

This makes a legal expert’s assistance invaluable. Our probate solicitors ensure that you have fulfilled all of your legal obligations when it comes to valuing the size of the estate in question.

3) Know The Correct Inheritance Tax To Pay

Inheritance Tax (sometimes abbreviated as IHT) is payable on estates over a certain size. This has to be done correctly – in line with all the relevant laws and based on the correct valuation of the estate.

Our solicitors make sure this is done right. You can rest easy knowing there won’t be any problems further down the line.

4) Collect Assets And Handle Debts

The assets that make up a person’s estate – any money in their bank accounts, investments, stocks and shares, property they own, significant possessions like a car or business – all need to be assessed as part of the valuation and IHT calculations.

For some people, this is fairly straightforward. For others, it requires extensive searches for records of investments that may never have even been mentioned to other family members.

There is a negative side too. Any potential creditors need to be notified that the person who has passed away has an estate that may pay them any money they are owed. There is a set process for doing this that needs to be followed to meet your duties as executor.

One of our solicitors will handle all of these aspects of the probate process for you, meaning you can be confident everything is being taken care of properly.

5) Distribute The Legacies Correctly

The final administration of the estate will include distributing the assets of the estate in line with the wishes in the will.

In the event there is any source of confusion or the will is being contested, you can again rely on our solicitors to support and guide you throughout.

The Wills And Probate Solicitors Near Me

Solicitors Specialising In Wills And Trusts Near Me

Choose solicitors specialising in wills and trusts near me

We know how important it is to you to protect the future of your loved ones. That’s why our supportive and approachable team work so closely with you to understand your situation and goals.

Because without a will in place, your wishes for your estate will not be followed. Without a trust, you may not be able to ensure beneficiaries receive the most benefit from your hard work.

To contact a solicitor near you call us on 0845 1391399 or complete a Free Online Enquiry

But with the right help and guidance, you can ensure your family’s future is secure. Here is how we help you:

How Our Wills And Trusts Solicitors Help Local People

Rely on our wills and trust solicitors to take care of every aspect of creating wills and trusts. Whatever combination best suits your particular needs and circumstances.

That’s where we start. Discussing your circumstances with you in-depth to be sure we are going to be creating the best solution for your specific requirements and wishes.

We also understand that – no matter how important we all know it is to plan for the future – this can be a difficult subject to talk about.

That’s why we also do everything we can to make the process of setting up a trust or writing a will as stress-free, easy, and supported as possible.

What Is A Will?

A will is an important legal document that lets you choose what will happen to your estate – your possessions, your home and any property you own, any money you might have in bank accounts – after you pass away.

If you don’t have a legal and valid will that makes your wishes plain and unambiguous, you risk a set of automatic laws (called the Rules of Intestacy) being used to decide what happens to your estate after you are gone.

Our friendly and highly experienced will solicitors make sure that your wishes will be followed. Your assets will be protected. And the future of your family and loved ones secured.

If things change at any point, updating your will to reflect that is simple. All you need to do is get in touch with us and we can find the most suitable method of ensuring your will continues to safeguard the interests of those you wish it to.

What Is A Trust?

A trust lets you protect assets – such as property, shares, or money in your bank accounts – for someone else. A trusted person – a “trustee” – is chosen to manage those assets so the person you want to benefit from them (the “beneficiary”) is able to do so.

Trusts have many benefits. Not least, the fact that they can help reduce the amount of Inheritance Tax your loved ones have to pay, protecting the fruits of your hard work.

But on top of this benefit, trusts can actually be used in a wide array of situations – both during your life and to protect your assets after you pass away:

Putting money into trust for a child – if a loved one might not yet be old enough to handle assets you have put aside for them, a trust can ensure those assets are safe until they come of age.
Preparing for your own or a loved one’s future care – it’s not uncommon for trusts to be used to set up provisions for someone’s future care. This might be yourself, if you expect your situation to change. It could also be someone else.
Set aside assets from your estate – this can minimise the amount of Inheritance Tax that needs to be paid or be useful in other situations, such as bankruptcy.

In all cases, a legal document known as the “trust deed” governs how the trustee or trustees are allowed to use the assets for the benefit of the beneficiaries.

This means that setting up a trust just right takes care and expertise. Our specialist trust solicitors understand all the options when it comes to organising, managing, and administering a trust.

We give you complete peace of mind that everything is airtight and secure. And that your own future or that of your loved ones is protected.

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What Is A Contest Of A Will?

Most wills are fairly straightforward to handle. Most don’t come as a surprise. So what is a contest of a will?

In short, a contest happens when a will is very different to what you – or someone else – might have reasonably expected it to be.

To be connected to a specialist Wills solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here is everything you need to know about what happens if you or someone else is considering contesting a will:

What Is A Contest Of A Will?

A contest of will is the process through which the validity of a will left by someone who has passed away can be challenged.

Contesting a will is not something that should be done on a whim. It can be an expensive and time-consuming process. You also need to have a very good reason for doing so as far as the law is concerned – and be one of a select group of people in relation to the deceased.

Who Can Contest A Will?

Only certain people can contest a will. These tend to be limited to one of the following groups:

Related to the deceased – some type of close relation (the most common example being the deceased’s partner, former partner, or child) and/ or a financial dependent.
Mentioned in a previous will – someone listed as a beneficiary in a previous version of the will.
A residuary beneficiary of the will – someone who might receive property or assets from a will that isn’t specifically left to someone else.

What Are The Grounds For Contesting A Will?

It is also important to be aware that you cannot engage in the contesting of a will without a valid reason to do so. These reasons tend to be limited to:

1) Lack Of Testamentary Capacity

The first and most common reason to contest a will is the belief that the person who left the will did not have the testamentary capacity to create it. This is broadly defined in law as the ability to understand what a will is and the effect the will would have.

This covers a wide range of issues, including but not limited to situations where the person making the will might have:

Not understood how much property or assets they owned
Had a mental disorder that made it difficult for them to understand what was happening
Been very frail or physically impaired to the point they could not understand
Had a low level of literacy
Been hard of hearing, visually impaired, or found it difficult to communicate

2) Undue Influence Or Coercion

Other grounds for contesting a will include situations where it is believed that someone else exerted undue influence on the person leaving the will or coerced them into writing it.

While this is a perfectly legitimate concern, it can be very difficult to prove to a court’s satisfaction. You will need to somehow convince the court that coercion or influence is the only reasonable explanation for the will being as it is.

Making allegations like this is potentially dangerous too. It is much like accusing someone of fraud. If your effort fails, it can come back to bite you.

3) Forgery

It is a rare thing to actually happen, but suspicion that a will is a forgery is grounds for contesting a will.

Proving that the will is or is not genuine will require a handwriting expert with samples of the deceased’s handwriting and/ or a deeper investigation.

4) Rectification

Rectification covers technical errors or failures of understanding on the part of the person – usually the will solicitor – who actually wrote the will.

This will require a careful professional review of the solicitor’s files and a statement that details the solicitor’s original understanding of the wishes of the person who died. If successful, the court will rectify the will to reflect the deceased’s actual wishes.

In these cases, it is not impossible that the solicitor did understand what the deceased intended but did not apply the law correctly. This won’t result in rectification. However, you may be able to claim against the solicitor for professional negligence.

5) Reasonable Provision

This covers cases where someone believes that the person who left the will has failed to make reasonable provision for someone they were legally obliged to support.

The most common examples are the deceased’s spouse or a child they were financially supporting.

What Happens If Someone Contests A Will?

There are different processes for contesting a will in different parts of the UK. Scotland, in particular, has its own system.

Do be aware that there is no guarantee that the decision the court makes if the will does prove invalid will benefit the specific individual contesting the will. The usual result is that the court simply reverts to the most valid recent will.

If there is no previous will, it could be the Rules of Intestacy (a sort of default will) that are followed. The Crown could even benefit from the will if there are no living relatives.

How To Contest A Will

If you are worried that the will of someone close to you who has passed away does not reflect their wishes, the first step is to speak with an expert right away.

You will need to enter what’s called a “caveat” with the Probate Registry. They may take up to six months to reach a decision as to whether you have valid grounds to contest a will, so it’s best to apply fully informed.

The situation needs to be investigated before too much of the estate has been administered. The longer you wait, the more time that – for example – the memories of potential witnesses to any nefarious activities will have to fade.

Get the expert legal advice you need today. Solicitors Near Me can find you a friendly and approachable will or probate solicitor to chat with for FREE and with no obligation.

Find A Wills Solicitor Near Me Now

To be connected to a specialist Wills solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.