Make Sure You Can Trust The Attorneys You Appoint

Reading in our local paper this week, is a true story, of an old lady who suffered with dementia and went into care. She appointed her brother, then in his seventies, to deal with her financial affairs. Her house was sold, and over £300,000 removed from her bank account by her brother, most of which was to benefit him and his family. In the end, all her savings had gone, and the care home kindly...
Read More

Don’t My Children Get Everything Anyway?

I recently saw a letter to a newspaper from a widowed gentleman with three adult daughters. He asked whether he needed to do a will, as he wanted all of his property to be divided simply equally between his daughters when he died. If he died without a will, his daughters would likely inherit his estate, but there was a little more to this case than first appeared. The gentleman explained that h...
Read More

What Is Deliberate Deprivation

Many of us know someone who has sadly gone into a care home, and that care can be expensive. Equally, many people consider signing ownership of their house over to their children as a way to avoid care fees, however a house gifted to a child can still be taken into account when assessing the ability to pay these fees. Where a person needs care, their local authority is likely to look deeply int...
Read More

Tomorrow Might Be Too Late To Do Your Lasting Power of Attorney

At Kendal Wills, we are sometimes contacted by people, wanting to set up Lasting Power of Attorneys (also known as LPAs) for relatives who have lost mental capacity. However, unfortunately, by then it is too late – they must be set up when the person involved still has the ability to make their own decisions. As people are generally living for longer, more people are sadly losing mental capacit...
Read More

CAN I GIFT MY HOUSE IN MY WILL?

CAN I GIFT MY HOUSE IN MY WILL?
This may sound like an obvious question. Assuming you own your own home, with no mortgage on it, can you gift it to a family member or friend? Legally, you can, but your circumstances may have changed before you die. Studies estimate that around half of people who get to age 65* will need long term care for some length of time. This may be a matter of weeks, but it could be for many years. Here...
Read More

WHAT CAN GO WRONG WHEN WRITING A WILL

HERE ARE A FEW COMMON PROBLEMS! 1) A person writes a Will which is right at the time. Sadly, they then lose mental capacity. This could mean a move into a care home, which can render the Will out of date. For example, it may deal with the family home, which has been sold to pay care fees. Once a person has lost capacity, they cannot write a new Will. So, when planning your Will always keep this i...
Read More

WHY IS MENTAL CAPACITY IMPORTANT WHEN WRITING A WILL?

Y IS MENTAL CAPACITY IMPORTANT WHEN WRITING A WILL?
A newspaper recently printed a letter about a reader’s 80-year-old father, who wanted to make his Will but had been diagnosed with early-stage Alzheimer’s. For obvious reasons, only someone with sufficient mental capacity can make their own Will. While, such a diagnosis does not necessarily mean the person involved does not have this capacity, this case would require careful handling from all ...
Read More

WHO INHERITS IF I DIE WITHOUT A WILL?

WHO INHERITS IF I DIE WITHOUT A WILL?
One of the common reasons for married people in particular not making a will, is the belief that “My husband/wife gets everything anyway”. However, this is not necessarily true. The laws of intestacy – dying without a Will – state that in the case of a person dying without a Will, a spouse (or civil partner) inherits the first £250,000 of their estate, or the whole estate if the deceased has n...
Read More

WHY YOU MIGHT MAKE CHARITABLE GIFTS IN YOUR WILL?

From experience writing Wills I have found two types of situation where people might want to benefit a charity in their Will. I have detailed these below: 1) People with little or no family. We all know someone, with no child, perhaps, who has never married. They may have little contact with any family member. Often, they will know of family members. These may be cousins or nephews or nieces, h...
Read More

THINKING OF WRITING A WILL, PLEASE DON’T LEAVE IT TOO LATE!

Making a Will is best done with full mental capacity, when in good health. We have all seen films where people make a Will when very old or ill, often on their death bed, but that is Hollywood not Kendal. The idea that you leave making a Will, until you are old, with poor life expectancy isn’t very wise. There are some problems with this. Firstly, you could die unexpectedly in an accident. Seco...
Read More