Making Your Wishes Clear In 2018

For many of us, the start of a New Year is an opportunity to remember the events of the previous year and to consider plans for the future. Whilst it probably wouldn't be the first thing you think of, it may also be a good time to think about making a Will for the first time or reviewing an existing Will. Some of the reasons you may want to think about your Will are: To avoid the intestacy rules (which provide for certain relatives to benefit when someone dies without a Will) - for example, to benefit an unmarried partner To make sure your personal belongings go to the people you choose To appoint guardians for minor children To leave a gift to a charity Inheritance tax planning   If you already have…

Top 10 Reasons To Use A Lawyer To Make Your Lasting Power Of Attorney

A lasting power of attorney lets you decide who you would like to make decisions for you if you lose mental capacity.  While you may be tempted to try and do it yourself, the process is complicated and if not followed correctly your lasting power of attorney may not be valid when you need to use it. Laura Schofield at Ware & Kay in York, Wetherby & Malton , can give you her top ten reasons why you should always use a lawyer to make a lasting power of attorney. How to make a lasting power of attorney A lasting power of attorney must: be made by someone aged 18 or over who has mental capacity to understand what they are doing; be prepared using prescribed forms which request specific information and include a…

Local Solicitors Defend Lasting Powers Of Attorney

Local solicitors Sian Foster and Laura Schofield from Ware & Kay Solicitors based in York, Wetherby & Malton have defended lasting powers of attorney (LPA) after Denzil Lush, the former Senior Judge of the Court of Protection, warned they may leave elderly people open to abuse. An LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia. In the foreword to a new book on the subject, Mr Lush raised concerns about the "lack of transparency" in how appointed attorneys manage older people's finances. The former judge went on to criticise the Ministry of Justice as being "disingenuous" in its promotion of the…

Protect Your Children`s Inheritance By Taking Advantage Of New Tax Allowance For Family Home

Nobody wants to see their hard-earned cash go to the tax man when they die, but until recently if your estate was worth more than £325,000 you faced the prospect of having to pay inheritance tax at a rate of 40 per cent.  There were, and continue to be, ways to reduce your potential liability but none are straightforward.  The good news is that, from 6 April this year, new rules are introduced which should allow most people to reduce their inheritance tax liability with a bit of forward planning. Ian Fisher, Head of Wills & Probate at Ware & Kay Solicitors with offices in York, Wetherby & Malton explains: New rules The new rules allow most people who die on or after 6 April 2017 to leave their interest in the family home to…

Probate Fees Set To Rise

LATEST NEWS: Death taxes are rules unlawful Click on the following link to view the article: Death taxes are ruled unlawful By Frances Gibb, Legal Editor, The Times A decision has been made by the Government to change the probate applications fee structure commencing in May 2017. The purpose of the fee increase is to raise funds of approximately £300m which will be invested directly into Her Majesty's Courts and Tribunals Service (HMCTS) to streamline its efficiently, and ultimately, deliver a better service to the public and professionals. However this is not necessarily for the Probate Registry which is largely self funding from the fees it receives. Currently probate court fees are as follow: £155 (application through a solicitor) or £215 (personal application)   In comparison, the proposed new fees are eye-watering…

Top Tips Around Lasting Powers Of Attorney

Plan early While you have capacity, it's vital that you get your affairs in order and choose the best people to manage your affairs, in case of an accident or illness. You can't appoint an attorney once you lose capacity. Choose carefully Think carefully who you want to appoint as your attorney and have an open conversation with them so they understand your wishes and what their responsibilities will include. Consider appointing more than one person as your attorney so they can share the responsibility. Consider appointing a professional A family member might not always be the best person to act as your attorney. Instead, you can appoint a professional such as a solicitor. They can act as a neutral third party and make unbiased decisions that are in your best interests. Bear in mind…

Risks Of Diy Lpas

Local Solicitor Sian Foster from Ware & Kay Solicitors based in York, Wetherby & Malton has joined a number of organisations representing older and vulnerable people to raise serious concerns around the Government's online tool for creating Lasting Powers of Attorney (LPAs). An LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia. In May 2014, the Government's Office of the Public Guardian (OPG) launched its online LPA tool, which it claims allows people to create the documents without the need for professional advice from a solicitor. But a new report, published by a coalition of organisations led by SFE, warns that anyone…

Why Is It Important That You Make A Will

Because you work hard all your life to build up your assets, it is very important to be confident that, upon your death, these assets go the people you would want them to go to. If you do not make a Will (or if your Will is incorrectly drafted or executed, which is always a risk if you have, for example, made a "do it yourself" Will), then there is a chance that assets will not go where you want them to. The story below gives an example of what can go wrong, and the outcome of that. Chris was aged 60, a widower with no children.  Chris had a brother, Martin, to whom he was very close.  Martin had a family and was in financial difficulty because he had recently been made redundant.  Chris…

A Helping Hand

When you have lost a loved one, you may need some guidance with sorting out their affairs at what is already a difficult time... This is where Ware & Kay can help Depending on the circumstances, you may or may not need to apply for what is known as a "Probate" also called a Grant of Probate where the deceased left a Will, or a Grant of Letters of Administration where the deceased died intestate. We can advise you whether or not this is needed and, if so, we can offer as little or as much guidance as you need with this process, and with finalising your loved one's affairs efficiently, whether or not they left a Will. Advantages of taking legal advice There are some areas of the process which you may be happy…

Why Do I Need A Power Of Attorney

There are a number of reasons why you might need someone to make decisions for you or act on your behalf. It could just be temporary: for example, if you are in hospital and need help with everyday things such as making sure that bills are paid. Or you may need to make more long-term plans if, for example, you have been diagnosed with dementia. What is a Lasting Power of Attorney? A Lasting Power of Attorney gives someone you trust the legal authority to make decisions on your behalf, if either you are unable to in the future or you want help managing your finances. How to get a Lasting Power of Attorney At Ware & Kay Solicitors we are committed to setting up a Lasting Power of Attorney as simply and straightforwardly as…