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Wills, Power of Attorney and Trusts

Getting your affairs in order…

Planning for your future can be a difficult and upsetting exercise; at Butterworths, we aim to make the process straightforward and hassle-free.

The private client team can give you advice regarding the preparation of your Will, whether this is straightforward or of a more complex nature.

Perhaps you want to consider preparing a lasting power of attorney, to ensure someone you trust can make decisions on your behalf if you are unable to do so. We can also assist when someone lacks capacity but has not made a power of attorney, and an application is required to the Court of Protection. Our service consists of a comprehensive review of your individual needs so we can tailor your will to your exact requirements.

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Do you need a will?

If you die without a Will, then the Laws of Intestacy will decide who inherits your money and assets.

Whom your wealth will go to is dependant on several factors, such as whether you are married or have children.

If you are not married or in a civil partnership but cohabiting with your partner, and have children the Laws of Intestacy state that the children will inherit all of the estates, and if they are under 18, then the estate will be held in trust until they turn 18.

If the scenario is the same, but you do not have children, then all the estate will be split equally between your parents. If you do not have any living parents, then it will be divided between your siblings, or half-brother and half-sisters. If you do not have half brother or sisters, then it will be aunts/uncles and so forth, until a blood relative is located.

If there is no surviving blood relative, then the estate is left to the crown.

If you have separated from your spouse or civil partner but not yet divorced or dissolved, then ex-partners could claim your estate if you do not make or re-draft your Will to exclude them.

Children you have from a previous relationship may not receive anything, and children you have under 18 may be taken into care if you have nominated who should look after them.

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What is a Lasting Power of Attorney?

A Power of Attorney is a legal document that allows someone to make decisions for you, or act on your behalf if you’re no longer able to or if you no longer want to make your own decisions.

There are two main reasons why people generally get a Power of Attorney.

1. A person may need another individual to make decisions or act on their behalf for a temporary period of time. This may be due to having an extended period of time abroad or may be in hospital for a long period of time, and therefore need assistance with tasks such as paying bills. This is known as an ordinary power of attorney.

2. A person may want to make long term plans so that if they were to lose their mental capacity, they can pre-determine who will make decisions about their financial affairs and health and well-being. This is known as a Lasting Power of Attorney.

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There are two types of lasting power of attorney.

Lasting Power of Attorney (LPA) for financial decisions

This LPA covers decisions such as:

– Buying and selling property
– Paying the mortgage
– Investing money
– Paying bills
– Arranging repairs to the property.

Lasting power of attorney (LPA) for health and Welfare

This LPA covers decisions such as:

– where you should live
– your medical care
– what you should eat
– who you should have contact with
– what kind of social activities you should take part in.


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Our Team

Samantha Barnes

Nicola Broyan

Bless Cowell

Caolan Crampsie

Denise Hodgson

Paul Morton

Fiona Reid

Graeme Ross