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 This could mean a move into a care home, which can render the Will out of date.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...

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...

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...

This is a question people often ask. It might help to consider the history of these documents and what they do. Enduring Powers of Attorney’s have been around for a long time. They are a legal document giving your Attorneys the power to deal with your affairs if you lose mental capacity. They deal with matters such as the sale of property and making investments. They can only be used, when a pe...

One of the main motivations for parents of young children to write a will, is to ensure their children are brought up by the right people if the worst happens. There are many factors to consider. Losing your parents at any age is difficult, but as a young child it is particularly traumatic, and as such your child would benefit from as little disruption as possible, now and over the coming years...