Heckford Norton Solicitors
Wills, Trusts and Estates

WILLS
Many people are reluctant to make a Will — some because they do not like contemplating their own deaths; others because they think it is something they can put off until they are older. Not everybody dies of old age. Making a Will can avoid creating additional problems for your family at a difficult time. Without a Will, the law provides who gets what. This may not be what you expect or want. If you have young children you have the opportunity of appointing guardians to take care of them and their interests. If you have made a Will it is important to review it as the law and your circumstances may change. Making a Will can help reduce the amount of inheritance tax payable on your death.

LIVING WILLS
A Living Will is not a Will at all. It is a signed statement of your wishes concerning medical treatment. Some people have strong views about how they wish to be treated medically in the event of terminal or serious illness. We can you help you draw up a "Living Will" (or Advance Directive) which contains your wishes as to your treatment.

POWER OF ATTORNEY
A Power of Attorney enables you to delegate decision making to someone, for example, a relative, a friend or business advisor in the event you are unable to act or manage yourself. This could be as the result of either mental or physical incapacity. Lasting Powers of Attorney replaced Enduring Powers of Attorney from 1 October 2007 and allow you to give authority to others to assist in the management of your affairs even in the event of loss of mental capacity. Lasting Powers of Attorney come in two separate versions: one for financial affairs and another for decisions about health and welfare issues, such as long term care. If you have not already signed an Enduring Power of Attorney (which remains valid after 1 October 2007), and you lose mental capacity then you have no say over who is appointed to look after your money and property. If you wish to preserve your right to choose, then sign Lasting Powers of Attorney.

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TRUSTS
A Trust is a legal arrangement whereby one party holds money and property for the benefit of another. Trusts are created:

THE UNMARRIED FAMILY
The number of children born to unmarried parents is increasing. This can cause a number of particular difficulties in areas such as:

Property rights

Death

Tax

Changing the children's names

We can assist you to avoid the pitfalls.

SAVING TAX
With increases in house prices more families than ever are falling within the scope of inheritance tax. Many people regard it as a voluntary tax. We can help you plan your finances so as to reduce the impact of inheritance tax on your family, both through a Will and/or by making gifts.

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COURT OF PROTECTION
If you haven’t signed an Enduring Power of Attorney or one of the new Lasting Powers of Attorney or if either fails for any reason, then if you lose mental capacity the Court of Protection may have jurisdiction over your money and property.We can guide you through the maze that is the Court of Protection

ADMINISTRATION OF ESTATES
When someone dies it may not be possible for their spouse or family to have access to their money and property. It may be necessary for someone to be appointed to administer their estate. If they have made a Will this is their executor. If no Will is made then the law says who it will be. In either case that person needs a Court Order to enable them to administer the deceased's estate. Where there is a Will this is a "Grant of Probate" and in cases where there is no Will, it is "Letters of Administration". In all cases and especially where inheritance tax is payable a solicitor can assist you at what is a difficult time.

Julia Cooke, Associate
Stevenage Office
email:jc@heckfordnorton.co.uk
tel. 01438 312211