Common Lasting Power of Attorney Errors

Lasting Powers of Attorney are complex legal documents and care must be taken when drafting them to ensure that are completed correctly. The Office of the Public Guardian (OPG) will reject any forms that are incorrect and don’t meet their standards. These are the most common mistakes that people make when completing the forms: To register a Lasting Power of Attorney a fee is due of up to £82 for each document, it can also take up to 8 weeks for the OPG to receive, process and register and return the completed documents to you so it’s important to get
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Invest in Trust

Fraud is a word we hear a lot these days and it’s a frightening reality that with the digital age fraud, including identity theft, is becoming more common. In the UK the unauthorised financial fraud losses totalled over £700 million in 2017. When it comes to estate management there are numerous scams for cheap Wills or other estate planning that can leave you and your family unprotected in the future. What is Fraud in Wills? The Society of Will Writers recently looked into this and they had this to say: “Fraudsters are now more clever than ever and are going
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Dealing with Personal Chattels

There are many legal terms that can make it difficult to understand your Will.  These words and phrases are often there to ensure that the Will goes through probate smoothly. One common term used in Will writing is ‘Personal Chattels’. There is a legal definition of these, but the common usage definition works just as well:  chattel  NOUN  chattels (plural noun)  (in general use) a personal possession.  So basically, that’s all the ‘stuff’ that you collect over a lifetime! Some of it is valuable in monetary terms, and some valuable from a sentimental perspective and when it comes to dealing
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Appointing Trustees or Executors

For your Will to be valid, it must name executors.  These are the people or organisations who carry out your wishes when you die.  It is important that you choose the right executors for you. If there is a possibility of a trust being created in the Will, then you will also need to appoint trustees – these can be the same people as your executors.  Here are a few issues you may want to consider when choosing executors and trustees… Personalities Where more than one person is being appointed,you should consider the personalities of your chosen executors and the
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Resolve to make this Resolution in 2019…

I don’t know if you’re the type of person who makes New Year’s Resolutions (or if you’ve already broken them by now!) but even if you’re not there is one you should consider making for 2019 – getting your estate in order. If you don’t have a Will or if yours is out of date you should get organised and speak to someone about this today.  I know I’ve mentioned this before but there are still so many people in the UK who do not have a valid Will in place.  If you die without a valid will, this is
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Lasting Powers of Attorney – What you need to know

I have been advising clients on Lasting Powers of Attorney (LPA’s) for 8 years and many clients have the same questions and concerns. Here are some of the most frequently asked questions: What is an LPA? An LPA provides powers while you are living, it is a document which gives powers to your attorney(s) to make decisions for you if you are unable to make them yourself.  There are two types of LPA: One that governs your property and financial affairs And another which deals with your health and welfare.  There is no obligation to create both. Why make an
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Peace of Mind

Many clients ask me about the advantages of making their Wills with me. As a member of the Society of Will Writers, I can offer my clients security about the advice they are given, and about how I handle their personal information. I am proud to be able to use the Society of Will Writers’ “Safe to do Business With” logo. Here are just some of the benefits of choosing me to prepare your Will, Lasting Power of Attorney or Funeral Plan: The Code of Practice – I am bound by the Society of Will Writers Code of Practice which
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Digital Assets

When planning their estate most people only consider their physical, tangible assets but in this increasingly digital age it is now advisable to also make allowance for your digital assets once you have passed. What are digital assets? There are 3 types of digital asset: 1. Financial: including online banking, Paypal accounts and online shopping accounts 2. Social: including social media accounts such as Twitter, Facebook and LinkedIn profiles plus any email accounts 3. Accounts of personal significance: including photographs, downloaded films, YouTube accounts, computer games and avatars and even Itunes which may have a vast library of music on
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A Lasting Power of Attorney in Action

This week’s blog is a little different.  Instead of focussing on aspects of the law, I am going to share a personal experience I had last week My dad was taken into hospital last week.  Nothing life threatening but still an anxious time for all of us.  He is in his late 70’s and can be a little forgetful at times, but can’t we all. However, the impact of the illness as well as the stress of being in hospital led him to being confused and disorientated which, after speaking to the staff at the hospital, I found is quite
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Eastenders and Succession Planning

Usually at ALH Legal I write my own blogs about topics I think will interest my readers and clients but sometimes I read a blog that perfectly sums up what I’d like to say and this is just one such blog courtesy of the Society of Will Writers. So thank you to the Society of Will Writers – whom you can follow HERE and I hope you enjoy reading! What does Eastenders have to do with Succession Planning? Since the cast of Albert Square’s award winning soap EastEnders hit our screens in 1985 viewers have been hooked on its plots and
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Yabba-Dabba-Doo! Why make a Lasting Power of Attorney

Did you ever wonder what would have happened to Wilma and Pebbles if Fred had got hit on the head by a wayward dinosaur or a falling rock and lost capacity? A lot of people believe that as his spouse Wilma would automatically have control of finances or decisions- especially if a joint bank account for all their clams existed; or that Pebbles could take control if she were old enough. However, unfortunately, that is simple not true. Under the Mental Capacity Act 2005 it is stated very clearly that a spouse, child or other person can look after the
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There’s no such thing as average…

As a co-habiting couple, you inherit nothing from each other without a WilI… In the UK there is no such thing as an average family. The 2.4 nuclear idea is no longer the norm and statistically there are more than 6 million co-habiting couples, with 42% of marriages ending in divorce and 2nd and 3rd marriage becoming common place it means we have an exciting and embracing new definition of the word ‘family’. What is a co-habiting couple? For the sake of this blog a co-habiting couple is two people who opt to live together outside of marriage or a civil partnership
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In consideration of looking after your Will

Congratulations! You have planned your estate and written your Will, so where should you keep it? Most people will just file the documents away and hope that a) someone will find them on the occasion of their death and that b) they are not lost in a fire/flood. To ensure the safety of your documents, why not use secure Will storage? When considering Will storage there are two main factors that you need to consider: 1. How secure your documents are; and 2. How easy they are to access in an emergency Of course, there are a number of options
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A FLIT based Fairy Story

If you are on your second marriage with children from a previous relationship then I have a story for you… Once Upon a Time in a Land Far Far Away Cinderella and Snow White waited with trepidation as they watched their father marry the wicked step mother (I mean deep down she was a lovely woman and ultimately, they had a strong and happy relationship but that kind of ruins my story). As time went by the King started to think about the future- his future, his mortality and the future of his wife and daughters. As princesses both Cinders
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