A Guardian is an individual who is legally appointed under the terms of your Will to care for a child and make decisions for them when they are not old enough to make decisions for themselves. Appointing a Guardian in your Will safeguards your children if you die when they are still minors. 

Choosing a Guardian in your Will can also help prevent family disputes arising upon your death over who should take responsibility for the care of your children. In the absence of you appointing a Guardian in your Will, it may then fall to the court to decide who should care for your children and this may not be someone you would have chosen yourself. The court may decide to appoint someone with a different parenting style to you, therefore appointing a Guardian yourself, in your Will, provides peace of mind knowing that should the worst happen, your children will be cared for by someone you have chosen in a way in which you would have approved. 

When appointing your Guardian in your Will you can also place a Letter of Wishes with your Will to outline certain educational and personal health decision that you would like your Guardian to take into consideration when looking after your children. This enables your children to be raised with continuity of care and in keeping with their unique needs and preferences. It is essential that you have a conversation with your appointed Guardian to enable them to fully understand your wishes and feelings for the care of your children in the event that the worst should happen. 

For further information on preparing a Will, please contact our Private Client Department on 01206 577676.

GoodyBurrett are proud to be working as one of the Legal Partners to the Free Wills Month campaign again this year.

Free Wills Month brings together groups of well-loved charities and offers the public the chance to have their simple Wills written for free.

Some well-known charities rely on legacies that people very kindly leave in their Will, for up to half of their income.

As such the fundraising that is done, is vital so that the charities have the ability to keep running and to keep providing and improving the services that are so vital to the communities they serve.

A gift in your Will to a charity will make a huge difference to your chosen charity for years to come.

An amazing £???????? of future income was raised last year through the Free Wills Month Scheme.

In addition to the meaningful difference your gift will make, during “Free Wills Month” in March, the cost of having a simple Will drawn up is free in order that we can support you to support your chosen charity.

Slots for Free Wills Month always fill up fast, so we advise you to contact us without delay once the scheme has opened on Friday 1^st of March. Participants must be over 55 or if taking out mirror Wills one party must be over 55.

Our Solicitors will work with you to make the process as straight forward as possible and can take you through all the options regarding the best way for you to remember your chosen Charity in your Will.

To book your appointment, please call 01206 577676 on Friday 1st March. We look forward to your support.

When it comes to estate planning, writing a Will is a crucial step to ensure your wishes are carried out after your death. Part of this process involves appointing executors who will be responsible for administering your estate and carrying out your wishes as per your Will.  However, what happens if the people you appointed as your executors in your Will are no longer alive or able to act on your behalf when you die?

 

Executors play a fundamental role in the administration of your estate. They are responsible for taking control of your assets, discharging any outstanding debts, paying any tax liabilities due, and distributing your estate to beneficiaries according to your wishes.

 

Life can be unpredictable, and the people you initially choose as executors may no longer be available when the time comes for them to act. They might have passed away before you, become incapacitated, or simply decline to act as executors for personal reasons. In such cases, your estate could face delays and complications if you have not planned for these possibilities.

 

 To avoid potential issues, it is advisable to include contingency plans in your Will in relation to your executors. Here are some steps to consider:

• Appoint other executors. You can name replacement executors in your Will. These individuals will step in if your primary executors are unavailable. Always discuss this with your replacement executors to confirm their willingness to take on the responsibility if needed.
• Consider appointing a professional executor, such as a solicitor, as one of your executors or as your replacement executor. They have the expertise to handle complex legal matters and can ensure the efficient administration of your estate.
• Regularly review and update your Will. Life changes, and so do the circumstances of the people you appoint as executors. Periodically review your Will and make updates as necessary to reflect any changes that may be required.  
• Be open with your executors. It is essential to communicate your wishes with your chosen executors. This will help them understand their roles and responsibilities and be better prepared for their duties when the time comes.
•  

While drafting or amending your Will it is always advisable to seek legal advice. A qualified solicitor can provide valuable insight and legal knowledge to ensure your Will is executed correctly. Estate planning is a complex matter, and the laws and regulations surrounding Wills can vary.

 

Contact our Private Client Team on 01206 577676 for further advice regarding estate planning and preparing your Will.

The Mental Capacity Act 2005 (MCA) is a fundamental piece of legislation in the United Kingdom that safeguards the rights and welfare of individuals who may lack mental capacity. Enacted to provide a legal framework for decision-making on behalf of those unable to make their own decisions, the MCA is underpinned by several key principles. In this blog, we will explore the importance of these principles and how they impact the lives of vulnerable individuals.

 

1. Presumption of Capacity

The first key principle of the MCA is the presumption of capacity. This principle highlights that every person is presumed to have the capacity to make decisions unless it can be proven otherwise. This is fundamental in maintaining an individual’s independence and avoiding unnecessary restrictions. It ensures that decision-making processes start with the assumption that individuals can make choices about their own lives.

 

2. The right to be supported when making decisions

This principle of the MCA lay emphasis on the importance of supporting individuals in making their own decisions. Even if a person lacks capacity for a specific decision, efforts should be made to enable them to participate as fully as possible in the decision-making process. This may involve providing information in an accessible format, using communication aids, or involving advocates to represent the person’s wishes.

 

 

3. An unwise decision cannot be seen as a wrong decision

This principle acknowledges that individuals have the right to make unwise decisions. Capacity is not determined by whether the decision made is considered wise by others; rather, it focuses on the person’s ability to understand the decision and its consequences. This principle reinforces the importance of respecting a person’s choices even if they are unconventional.

 

4. Best Interests must be at the centre of all decision making

This principle centres on making decisions in the individual’s best interests. When someone lacks the capacity to make a specific decision, the MCA requires that any actions taken, or decisions made on the person’s behalf must be in their best interests. This principle places a significant emphasis on considering the person’s wishes, feelings, beliefs, and values, as well as consulting with relevant parties, such as family and healthcare professionals. It ensures that the individual’s rights and well-being remain the central focus.

 

5. Least Restrictive Option

The MCA promotes the least restrictive option as a key principle. This means that any action taken, or decision made on behalf of a person who lacks capacity should be the least restrictive option possible. This principle discourages unnecessary restrictions or interventions, encouraging the exploration of alternative solutions that respect the individual’s independence and minimise interference in their life.

 

The Mental Capacity Act 2005 is a essential piece of legislation that protects the rights and well-being of individuals who may lack capacity. Its key principles, including the presumption of capacity, best interests, least restrictive option, unwise decisions, and supporting decision-making, are essential for upholding the dignity and autonomy of those it serves. By adhering to these principles, society can ensure that vulnerable individuals receive the care and support they need while respecting their rights and choices.

 

The Private Client Team advise clients on matters regarding capacity every day. Should you need to speak to one of the team, you can contact them on 01206 577676.

From 26^th July the Statutory Legacy increased from £270,000 to £322,000, that is the amount your surviving spouse or civil partner will inherit under the rules of intestacy.

The rules of intestacy are a set of legislative rules which come into effect when a person dies without a valid Will. They set out who will inherit and who is responsible for the administration of your estate.

The priority of who will inherit under the Intestacy Rules is as follows: spouse, children, parents, siblings, grandparents, aunts/uncles, then lastly the Crown.

If there are no children of the family, then the spouse or civil partner will inherit the whole Estate.

When an individual has children of the family, the Intestacy Rules provide that the spouse should receive the Statutory Legacy, previously £270,000, and now increased to £322,000, all personal possessions and half of the residuary of the estate. The remaining half of the residuary estate will then be divided between the children equally. As it is normally the case, if any of the children are under the age of 18, the inheritance will be held in a trust.

This increase of the Statutory Legacy is meant to reflect the rising cost of living as well as to provide spouses and civil partners with an additional financial security. It is being reviewed regularly but as a rule it is reviewed at least every 5 years.

An important point to remember is that the Statutory Legacy only applies to spouses or civil partners. If you are cohabiting or in a common law marriage, then there is no automatic right to inherit or a right to the Statutory Legacy. For this reason, we recommend that if you wish for the estate to pass in accordance with your wishes you create a Will.

If you would like to discuss anything to do with Wills, Trusts or Probate, please contact our Private Client Team who are available for appointments on 01206 577676 or alternatively email us at [email protected].

 

There are over 850,000 people in the UK suffering from dementia- a figure set to rise to one million in 2025 due to our increasing life expectancy.

Diagnosis at any age can be devastating for the patient, their friends and their family.  But there are steps that can be taken to minimise the loss of control a sufferer has over their own lives and feelings of helplessness for those around them.

But it is important to act quickly whilst one still retains their mental capacity. Mental capacity is essentially one’s ability to understand information, make a decision and effectively communicate it.

Whilst a person has mental capacity they can create Lasting Powers of Attorney for both their health and welfare and property and financial affairs.  They as donor are able to appoint attorneys chosen by themselves who will be able to make decisions on their behalf if and when they lose mental capacity -for example because they are suffering from advanced dementia. A donor can appoint up to four attorneys and choose whether they must act jointly, or can act jointly and severally. If jointly, all attorneys must agree on a decision. If jointly and severally, any one attorney can decide a course of action.  The Lasting Power of Attorney must be signed by a certificate provider who verifies that the donor has mental capacity – often this will be the solicitor who has drafted the document.

If a person as already lost mental capacity, they cannot obtain a Lasting Power of Attorney. Their family and friends will need to apply to the Court of Protection for a Deputyship. However, this is a much lengthier and costly process and not always successful. Further if a deputy is appointed, they are answerable to the Court and must account to them for every penny spent on behalf of the person who has lost mental capacity. 

A person must also have mental capacity, or what is referred to as testamentary capacity to make a Will. In addition to mental capacity as defined above, a testator must be able to understand the nature and effect of creating a Will and the size and value of their estate, and have an appreciation of those who might expect to benefit from their Will  – whether or not that be the case.

A person who lacks such capacity will be unable to make a Will. If they do not have a Will, they will die intestate. This means that their estate will distributed according to the rules of intestacy, which may not reflect what the deceased intended.

So, when considering a Lasting Power of Attorney or a Will or indeed both, the take home message is to act now.

If you would like to discuss anything to do with Wills, Trusts or Probate, please contact our Private Client Team who are available for appointments on 01206 577676 or alternatively email us at [email protected].