Technology is having an impact in Will writing. The process of Will writing itself - which is still largely regulated by the not-so-recent Wills Act 1837 - has been updated so that a Will can be witnessed remotely over a video link. This option came into force during the Covid era and has now been... Continue Reading →
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Guidance for Attorneys under an LPA
When you make a Lasting Power of Attorney, there is scope to give guidance for your attorneys about how you would like them to exercise their powers. Many people decide not to fetter their attorneys' discretion in any way, and to give them carte blanche to do whatever they deem necessary in exercising their powers... Continue Reading →
Ordinary Power of Attorney
An ordinary power of attorney (OPA) can be very useful - they are governed by both the Powers of Attorney Act 1971 and the common law. How to make an ordinary power of attorney In order to make an ordinary power of attorney, the donor must be capable of understanding the nature and effect of... Continue Reading →
Update your Will
There are various important reasons to update your will: 1. Life Changes: Major life events such as marriage, divorce, the birth of children, or the death of a beneficiary or executor may necessitate changes to your will. 2. Changes in Assets: If your financial situation changes significantly, whether through inheritance, increased wealth, or the acquisition... Continue Reading →
Why make an LPA?
I am often asked why someone should make an 'LPA' or Lasting Power of Attorney. Life is of course unpredictable, and none of us ever quite knows what lies around the corner, so I find I regularly make LPAs for people in their 30s and 40s, as well as those in older age groups. In... Continue Reading →
Chiltern Kills
Murder mystery enthusiasts - I'm seeing posters everywhere at the moment recommending the first "Chiltern Kills" crime-writing festival, which is due to take place in Gerrards Cross, just 20 minutes from London Marylebone, on Saturday 7th October 2023. What with Chiltern Kills rhyming so nicely with Chiltern Wills, and also a certain commonality of theme... Continue Reading →
Advance Care Plan
In an advance care plan or ACP, you can outline which treatments you would and would not want to be given, and how you would like to be cared for in the last days of your life, if you were too unwell to explain your wishes yourself. The aim is to give control over end... Continue Reading →
Powers of Attorney Bill 2023
The Powers of Attorney Bill 2023 had its second reading in the House of Lords on 16 June 2023. Currently, the process for making a lasting power of attorney is largely paper-based. The Powers of Attorney Bill 2023 is a private members bill which will introduce significant changes to the Mental Capacity Act 2005. Its... Continue Reading →
Who should be trustee of my Will trust?
If you are setting up a Will trust for your family's long-term benefit, one of the key decisions to make is who should be trustee of your Will trust. This may, for example, be a Will trust to hold funds for your children until they are older, or perhaps a trust for the benefit of... Continue Reading →
Will Trusts Explained
Why use a trust in your Will? Will trusts are used to protect assets against possible future events such as remarriage or care fees. The assets are held in a Will trust for the ultimate benefit of your chosen beneficiaries - often your children - after death. For example, let's say a married couple, Robert... Continue Reading →