Get peace of mind with professional solicitor-written Wills and Power of Attorney documents.
A Will is a legal document that allows you to specify what will happen to your estate (your money, property, investments and possessions) and your young children for whom you're responsible after you die.
There are different types of Wills, each serving different needs. Is the Will just for you or for you and your partner? The basic Will for a single person is called single Will and is suitable for those who want to record their own wishes. If your Will is the same as someone else's (usually your partner or spouse), you may want to create a standard mirror Wills.
On the other hand, there are different trust Wills available. These can be better if, for example, you want to support your partner but also have children from a previous relationship. A will in trust can also help protect your estate from nursing home charges, or it can be used to protect the inheritance if a beneficiary is unable to manage their finances.
Many people think that making a Will is complicated, but with the right advice and a professional writer who will help you in every way, we make the process of making things simple.
Before you start thinking about how to write a Will, you'll need to make some decisions. These include:
What kind of Will would you prefer?
Who would you like to inherit from you?
who would you like to look after your children (if they are under 18)?
If you would like to leave something for charity?
Who you want to execute your estate after you die?
You can make these decisions before you start writing, or you can discuss your ideas with your writer during your appointment. Once you've made your decision, you'll need to get some information, including the names and addresses of your nominees. When you are ready to begin the process of writing a Will, you can ask our team of writers to ask any of your initial questions and begin the process of writing your Will.
Appoint trusted people to look after your children under 18 (called guardians)
Appoint people you trust to carry out your will (called executors)
Name the people or charities you want to benefit from your estate (called beneficiaries)
Making a donation of specific items or sums of money (called legacies)
Create a trust to help protect your assets for future generations, protect against the cost of home care, or help frail or disabled beneficiaries.
Specify your funeral wishes
A Will is one of the most important legal documents you will ever sign.
Your Will covers assets (such as your property, bank accounts, and personal property) that you own at the time of your death, not when you make your Will. So even if you don't have much to leave now, your financial situation could change dramatically, especially if you think you've paid off your mortgage or you're going to receive inheritance in the future.
Making a Will makes your wishes clear and allows you to provide financial protection to your loved ones after your death. If you are a couple with similar desires, you may want to create a mirror Will, where each person leaves their property to the other beneficiary.
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Yes. Our goal is to make writing your Will as easy as possible. Our expert advisors guide you through the important decisions you need to make. Our friendly team use simple English explanations and examples to help you along the way. Just guide our experts in charge of drafting and approval of your will and the rest is easy.
It will usually take around an hour to discuss with our experts and 1-3 days for them to draft your Will, with most Wills completed and sent within 24 hours.
It is important to get legal advice from an experienced solicitor because drafting a Will can be complicated. However, our team of experts will make the process as easy as possible for you. We can help you spot any errors that may cause problems later, but most importantly, guide and support you throughout the process. It is much easier to deal with potential problems now than after your death that may affect the value of your estate.
Probate is the process of seeking permission to execute a Will after a person's death. We will manage the process for you and guide you every step of the way.
An administrator or executor is responsible for collecting assets, paying estate liabilities, paying any legacies according to the deceased's Will, and distributing the remainder of the estate per the Will or intestacy if no Will is available.
The difference between a executor and an administrator is:
Executor: Appointed by the deceased in their Will.
Administrator: Appointed by a court based on the relationship with the deceased. A court-appointed executor is necessary if the deceased did not appoint an executor or if the executor is unwilling or unable to act or if the estate is "interstate" property if no Will is available.
A good understanding of your situation, such as the complexity and value of your estate, will help you decide which option is best for you. If any of the statements below apply to you, you may require bespoke Will writing:
Your estate is worth more than £1 million
You own a business
You or your spouse have children from a previous marriage
You have made large gifts (over £3,000 in the tax year) to individuals or trusts
You were born outside the UK or have assets outside the UK
Any of the intended beneficiaries need to protect their inheritance
You are the beneficiary of trust
To help you make the right decision for your needs, please contact our team. They will listen to your wishes and share options for your next steps.
For the Will to be valid:
It must be signed by you and witnessed by two people
You must have mental capacity to make the Will and understand it's consequences
You must have made the Will voluntarily and without pressure from anyone
The beginning of the Will should declare that it revokes all others. If you have an earlier version of your Will you should destroy it. The government advises to burn it or tear it up.
Signing and witnessing the Will
You must sign your signature in front of 2 independent witnesses, who must also sign it in your presence - so all 3 people will be in the room together when each signs it. If the Will is signed incorrectly, it is invalid.
No one listed in the will as a beneficiary should act as a witness - they will lose their rights to their inheritance. They shouldn't even be in the room when the Will is signed. It's also best not to ask an executor to be a witness.If you are unable to sign your will, it can be signed on your behalf as long as you are in the room and signed according to your instructions. Anyone signing on your behalf must have a statement stating that you understand the contents of the license before signing it.
If you have been diagnosed with a serious illness or dementia, you can still make a Will, but you must have sufficient mental capacity. Your solicitor should make sure of this and you may require a statement from a doctor at the time of signing the Will, showing that you understand what you are signing.
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A Power of Attorney is a legal document that allows someone to make decisions for you or act on your behalf if you no longer have the capacity or desire to make your own decisions.
When you give one or more people a power of attorney, you effectively give them the legal authority to act as if they were you in certain circumstances. Even when appointed, anyone you appoint can only act with your permission (for example - you are not well and want one of your attorneys to take care of your bank affairs - paying bills , fundraising, etc.) or if you can't do something for yourself, which must be decided by a doctor or court.
There are two types of power of attorney in Scotland:
Continuing - this applies to everything you spend money on, except your mind.
Welfare - as you can imagine - has everything to do with your health and well-being. One in four strokes in the UK occurs in people under the age of 65 (Stroke Association)
In the UK, around 42,000 people under the age of 65 have a disability - and almost a million over 65s. (Alzheimer Society)
Accidents can happen to anyone at any time, leaving them unable to control their affairs. Dementia, disease, stroke or sudden brain damage can affect people of any age. We associate cognitive decline with aging, but in reality, as the recent Covid-19 outbreak has shown, it can affect anyone at any time in their lives.
An executor is the person named in your Will to take care of your estate after you die. They perform tasks such as notifying the bank of your death, selling your home and ensuring that your estate is distributed to the beneficiaries according to the terms of your will.
An attorney is the person named in your LPA to manage your affairs on your behalf during your lifetime, if you are no longer able to do so. They can be registered on your bank account and manage your financial affairs by arranging the payment of your bills, or even be appointed to work for you in matters of health and welfare and thus make decisions about your treatment.
While your executors and attorneys may be the same people (and often are), they do different jobs. An executor only gets involved after you die, while an attorney handles your affairs during your lifetime. It is important to note that just because someone is called an executor does not mean that they can directly manage your events during your lifetime and vice versa.
There are many reasons why you might want someone to make decisions for you or act on your behalf:
This can be a temporary situation: for example, if you are in the hospital and need help with daily tasks such as paying your bills.
Or, you might make a long-term plan if, for example, you find out that you have a disability and that you are at risk of losing the ability to think to make your own decisions in the future.
There are different types of powers of attorney and you can create more than one.
Ordinary power of attorney
This covers your financial decisions and is valid as long as you have the ability to think. It is suitable if you need temporary cover (hospital or holiday), if you find it difficult to go out or if you need someone to do something for you.
Lasting power of attorney (LPA)
An LPA covers decisions about your financial affairs, or your health and care. It is effective if you have lost the ability to think or if you no longer want to make decisions for yourself. You must create an LPA if you want to ensure that you are covered in the future.
Enduring Power of Attorney (EPA)
The EPA was replaced by the LPA in October 2007. However, if you entered and entered into the EPA before October 1, 2007, it should still be valid. An EPA covers decisions about your property and finances, and comes in if you lose your mental capacity or need someone to act for you.
A durable power of attorney allows one or more people, called your representative, to make financial decisions on your behalf. This is only useful as long as you still have the right to make your own decisions. You can create one if, for example:
you need someone to do things for you temporarily, for example when you are on holiday or in hospital
you have trouble logging into the bank or post office, or you want someone to be able to access your account
you want someone to do something for you when you can take care of their behavior.
You can limit the powers you give your attorney so they can manage certain assets, for example your bank account, but not your home. A power of attorney is only valid if you have the mental capacity to make your own decisions. If you want someone to be able to represent you if you don't have the mental capacity to make your own decisions, you should consider creating a durable power of attorney.
A Durable Power of Attorney (LPA) is a way to give a trustee, your attorney, the legal authority to make decisions on your behalf if you lose mental capacity to do so in the future, or if you don't want to do it again. that's why. stop making decisions. your own decision.
There are two types of LPA:
LPA for financial decisions
LPA for health and care decisions
LPA for financial decisions
An LPA can be used for financial decisions while you are still capable of thinking or you can say you want it to take effect if you lose capacity.
An LPA for financial decisions can cover things such as:
buying and selling property
keeping up payments on rent and mortgages
money management and investments
keeping up payments on bills
arrange for the repair of the building.
You can restrict the types of decisions your attorney can make or allow them to make all decisions on your behalf.
If you are setting up an LPA for financial decisions, your solicitor will set up an account and ensure that their money is kept separate from yours. You can always request an explanation of how much you spent and how much money you have. This information can be sent to your attorney or family member if you are incapacitated. This provides additional protection.
LPA for health and care decisions
This covers health and care decisions and can only be used when you lose mental capacity.
An attorney can make decisions on things like:
where you should live
your health care
what to eat
who you should have contact with
what kind of social activities you should be participating in.
You can also give your attorney special authority to make decisions about life-sustaining treatment.
Your attorneys are the only people you choose to act for you if you lose your mental capacity. Obviously, you should choose at least one attorney. You can have as many attorneys as you want, but consider that the more you have, the harder it will be to convince everyone.
You should discuss with them that you want someone to be your attorney before including them in your power of attorney. Before choosing your attorneys, consider:
How many attorneys do you need?
Will the attorneys you choose be able to work together?
Do you trust your chosen attorneys to act in your best interest?
How well do the attorneys you choose know and understand you?
How prepared will your attorneys be to make decisions that may be difficult for you at times?
Don't choose people to be your attorneys just because you don't want to hurt them by letting them down. When drafting a power of attorney, remember that you can choose different people for each party. You may feel more comfortable leaving your finances (continuing power of attorney) in the hands of certain family members, and personal decisions covered by a welfare power of attorney for health and well-being among others.
They must assume that you can make your own decisions, unless it turns out that you can't.
They should help you make as many decisions as you can.
They should do everything to help you make a decision.
They may consider you indecisive if they don't help you make decisions through these steps.
They should not treat you as incompetent just because you made an unwise decision.
They must act and make decisions in your best interest when you are unable to make decisions.
Before they make a decision or act on your behalf, they must decide whether they can make that decision or act in a way that does not restrict your rights and freedoms and still serves the purpose.
They must always act in your best interest
Mental capacity refers to the ability to make or express certain decisions when they need to be made. In order to have the ability to think, you must understand the decision you need to make, why you need to make it, and the possible consequences of your decision. Some people will be able to make decisions about some things and not others. For example, they can decide what to buy for dinner, but they can't figure out how to buy their home insurance. On the other hand, their ability to make decisions can change from day to day.
Needing more time to understand or communicate doesn't mean you don't have the ability to think. For example, having depression does not mean that a person cannot make decisions for himself. When it is difficult for someone to share a decision, you should always try to overcome these difficulties and help them decide for themselves.
Find out more on the GOV.UK website
If you have lost mental capacity and do not have the power of attorney, someone will need to apply to the Office of the Public Guardian for a Guardianship Order which must be granted by the sheriff in court. The applicant may not be someone you would have chosen. The application process is long and expensive. Once the order is granted, the attorney can make decisions for you, including:
Pay bills and expenses on your behalf
Decide how to organize your day
Decide how you will get care
Decide whether to sell your home
The deputy minister will always act in your best interest, but abuse can occur, including theft, fraud, misuse of property, property or benefits, undue pressure good and neglected (OPG, 2015)
This is one reason why making a power of attorney and appointing someone you trust to handle your affairs is a wise choice. Applying for a guardianship system is a long, complicated and often difficult process. It is also very expensive. Making a power of attorney is a simple, cheap and quick way to appoint a trustee to take care of your affairs if you are unable to do it yourself. This gives you control over who will make the decisions for you and how much power they have.
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