Wills
It is easy to put off making a will. But if you die without one, your assets may be distributed according to the law rather than your wishes. This could mean that your partner receives less, or that the money goes to family members who you may not want to receive it. Rostrons solicitors offer a comprehensive and efficent Estate Planning service to ensure that careful consideration is given to all financial, family, and other background factors that may have a key impact on your affairs and where you want your Estate to pass.

There are lots of good financial reasons for making a will:

• you can decide how your assets are shared out - if you don't make a will, the law says who gets what
• if you aren't married or in a civil partnership (whether or not it's a same sex relationship) your partner will not inherit automatically - you can make sure your partner is provided for
• you can make sure you don't pay more Inheritance Tax than necessary

Lasting Power of Attorney
Will making is also an ideal time to consider who would look after your affairs, in the event that you couldn’t manage them or weren’t able to deal with things yourself, due to either physical and or mental disability.  It is now possible to grant to some businesslike person whom you trust (e.g. your spouse, children, a relative, a solicitor or accountant), or to several such people, a Lasting Power of Attorney (LPA) to deal with your property and affairs.    This procedure was brought in on 1 October 2007 and replaced the former Enduring Power of Attorney system. 

We generally advise anyone who is over retirement age or who is subject to particular problems in the event of incapacity (such as a sole trader or single people) to consider making an LPA, mainly as a safety measure should the unexpected happen.

If there is no LPA, then the property and affairs of an incapable person must be administered by the Court of Protection, which is a more expensive and cumbersome process, and can be distressing for people at what is often a very difficult time.

Any of us could become mentally incapable, perhaps suddenly as a result of an accident, and the making of a Will may provide a good opportunity for you to consider also the making of a Lasting Power of Attorney.

Rostrons solicitors would be delighted to assist you in all aspects of your Estate planning. Please contact our new business manager Hilary McFadden, to arrange a free no obligation initial interview.

Probate

The loss of a loved one can be a difficult time and dealing with their estate is a sensitive matter. Our experienced Probate Solicitors and Clerks offer a caring service to our clients and will advise you as to the process in a straight forward manner. They can also advise with regard to Inheritance Tax issues if appropriate - it is sometimes possible to reduce its impact, even after someone has died.