Why use a solicitor to make a Will and Lasting Power of Attorney?

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Wills and Lasting Powers of Attorney are important documents and a vital part of planning for your future.  It is very important that the documents are set up correctly to ensure that your Attorneys are able to assist you during your lifetime and your Will deals with your Estate in accordance with your wishes.

You may be thinking of making a homemade Will or Lasting Power of Attorney or you  may have seen advertisements from companies offering to prepare your will for a relatively small fee.   However, here  are some very important reasons why you should choose to use a Solicitor and at Kenyon Son & Craddock we have specialised Solicitors who are here to help you and guide you through the process.

Wills

  1. Our Solicitors will not only look at your wishes regarding your Will, we will also look at the best way to achieve them. We are able to provide advice in regard to Inheritance Tax, protecting vulnerable beneficiaries or protecting your Estate against nursing home fees.  Your Will needs to cater for every eventuality which you may not already have considered and we will be able to help you achieve the best outcome for you and your loved ones.
  2. The terminology used in making Wills is very important and words and phrases that we use in normal everyday language don’t always have the same legal effect. Simply using the wrong word of phrase can cause problems and can result in expensive litigation to resolve the issues.  We can prepare a Will to ensure that your express wishes are carried out.
  3. Whilst we make every endeavour to get it right, occasionally mistakes can happen. If we do make a mistake, we are regulated by the Solicitors Regulation Authority and are required to have Professional Indemnity Insurance in place so there would be funds available to those who suffered any loss.   By contrast Will Writers are completely unregulated.  They do not have a complaints body, nor are they required to carry any insurance so if mistakes are made by them, there is no redress for the intended beneficiaries of your Will.
  4. Storage of the Will – We can provide storage of your Will so that you know that your Will is kept in a safe place. We will only release a copy of the Will under certain prescribed circumstances.
  5. There are strict rules governing how a Will must be signed and witnessed. If a Will is not signed and witnessed correctly it is not a valid Will and will have no legal effect.  We are able to advise on and where appropriate supervise the signing of Wills, even during the current Covid-19 lockdown.

Lasting Powers of Attorney

  1. Lasting Powers of Attorney are very powerful documents and it is important that they are drawn up in the correct way so that your Attorneys are able to help you if and when you require their help.  Our Solicitors can provide full advice on how you can best achieve this.
  2. We can also provide you with full guidance on how best to include any specific requirements in the document whether by including instructions or guidance for your Attorneys.
  3. A Certificate Provider is required when preparing Lasting Powers of Attorney to ensure that you understand the nature and effect of the document and to make sure that it is your choice to make a Lasting Power of Attorney. Our Solicitors have the relevant skills and expertise to act as your Certificate Provider.

If you are considering making Wills or Lasting Powers of Attorney please contact Sarah Littlewood or Laura Kirton who will be happy to arrange an appointment to discuss your requirements.   Our offices may be closed at the moment due to the Covid-19 Lockdown but we are working from home and are able to offer our usual services via telephone or virtual meetings and we will be available for face to face meetings as soon as we can safely do so.

 

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