Bernard Campbell & Company has a dedicated solicitor who can assist with Wills and Enduring Powers of Attorney.
We recommend that all adults make a will to ensure that assets are passed to the desired beneficiaries and not to others who are chosen by outdated rules of intestacy. For instance a partner is excluded unless the relationship is formalised by marriage or civil partnership.
We will also give advice about estate and tax planning which may involve working with your financial advisor, accountant or tax advisor. Consideration will be given to lifetime gifts and trusts to suit your individual circumstances.
Enduring Powers of Attorney are generally made by elderly clients but we recommend that all clients make these at the same time as making a will to cover the possibility (however unlikely it may seem) that they may become incapacitated. General Powers of Attorney do not have any effect when a person becomes mentally incapable but the Enduring Power can be easily registered with the court when a person becomes incapable of managing their own affairs allowing the nominated attorney to act on behalf of the person. The Enduring Power is a simple document which will save a lot of delay and expense if it is ever needed.
If an Enduring Power of Attorney is not made before a person becomes incapable then it is necessary to make an application to the High Court to have someone appointed to manage their affairs. This person is called a controller. We can give you advice on the need for an application and assist you by completing the necessary paperwork.
Failure to make a Will or Enduring Power of Attorney could cause your loved ones unnecessary distress, trouble and expense and may lead to family disputes about your intentions. We would strongly recommend that you attend to such matters as soon as you can.