Kent Wills and Trusts

What is a Will?
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A Will is the legal document that sets out family members, individuals and or charities who are to receive your property, assets and possessions once you pass away. These are usually referred to as the beneficiaries. Furthermore, in the provision of your Will you can nominate executors to be responsible for the distribution of your property to the intended beneficiaries.
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What happens if I die without making a Will?
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Many people are unaware of what happens if you die without writing a Will. It is called intestate and rules of intestacy will apply. This means that your estate will be divided up according to the law and only certain people will inherit under these rules. This could cause financial hardship and some of your intended beneficiaries may lose out!
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Why should I use a professional Will Writer?
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Many people except they are not prepared to write their own will in case their intentions are misinterpreted or they leave out something important, leading to family feuds after they have gone.
Professional Will Writers concentrate entirely on aspects of Will Writing and Estate Planning providing an expert service which will provide a legally protected legacy.
Wills are constantly being challenged, in each case a ruling has been made to interpret the intended meaning of the wording of the Will.
One of the most significant features that sets apart a professionally drafted Will from a homemade Will is that Professional Will Writers create clauses within a Will that have the correct structure and phraseology.
These clauses have been accepted in the past and go a long way towards writing a 'watertight' Will that cannot be misinterpreted if contested.
Society of will writers members have to have professional indemnity Insurance up to £2 million and have to adhere to the code of practice set out by the society. Furthermore, they have to complete their continual professional development (CPD) to prove they are code compliant.
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None of us like paperwork
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A professional will writer makes the process far easier by visit you at home and taking your instruction in person and advising you on all aspects of your will. Then they will come back to oversee the attestation - the signing and witnessing of your will.
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How do you know that your will writer is a professional?
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All professional will writers should be members of the Society of Will Writers or Institute of Professional Will Writers. They should always carry their registered identity with them.
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If you haven't made a will yet and would like some advice or to book an appointment. Just send us a brief message. Although we are based in Kent, we can accommodate appointment throughout the wider South East.

LASTING POWERS OF ATTORNEY

Lasting Powers of Attorneys were created by the Mental Capacity Act 2005 (MCA 2005), which covers England and Wales only. MCA 2005 provides a statutory framework to deal with situations where adults lack "mental capacity" to make decisions for themselves or who have capacity, but want to make preparations for a time when they may lack capacity in the future.
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A Code of Practice supports the MCA 2005 and provides guidance and information to all those working under the legislation. Certain categories of people are obliged to have regard to the Code of Practice, including attorneys and those acting in a professional capacity, Such as Will Writers and Society of Trusts and Estate Planning Practitioners

THERE ARE TWO TYPES OF LASTING POWERS OF ATTORNEY

LPA's must be made when the donor has capacity in preparation for when or if they lose capacity.

Property and Financial Affairs
Lasting Power of Attorney - Property and Financial Affairs
The first type is the Property and Affairs LPA which covers decisions about the donor’s financial affairs and their property. These are designed for you to appoint an attorney to make a range of decisions including the buying and selling of your house and other assets, dealing with your tax affairs, operating bank and building society accounts and claiming benefits on your behalf. These can be used at your direction while mentally capable and also by the Attorneys if you lack capacity to make these decisions.

Health and Welfare

The second type of LPA is the Health and Welfare LPA. This covers decisions about the donor’s personal welfare and health, and can only come into effect after the donor has lost capacity. Attorneys appointed under this document can make decisions relating to your living accommodation and care, consenting to or refusing medical treatment on your behalf, and on day-to-day matters such as diet and dress. This can only be used, however, if you have lost the capacity to make decisions for yourself
Lasting Power of Attorney - Health and Welfare
What happens if I don't have LPA's in place and lose mental capacity
If you lack capacity but have not previously appointed an LPA for Health and Welfare, and there are ongoing decisions that need to be made about your health or care, then someone close to you can apply to the Court of Protection to be appointed as your Deputy. This means that they will have the legal power to make decisions about certain aspects of your personal welfare. Deputies must be over 18 and are usually a family member or friend. The person who wishes to become your Deputy has to make an application to the Court of Protection. If their application is successful the Court will issue a court order that gives them authority to act on your behalf and explains which decisions they are legally allowed to make. It is worth noting, however, that welfare Deputies are appointed relatively rarely. This is because the Mental Capacity Act states that if a serious decision needs to be made about a person’s welfare, then a decision by the Court of Protection is preferable to appointing a Deputy. The Court will limit the Deputy’s decision-making power to specific issues, depending on your needs and the circumstances of the case. This is because the Deputy is appointed after you lose capacity and you therefore haven’t chosen this person yourself. A Deputy can only make a decision that they are authorised by the Court of Protection to make. So, for example, they cannot make a decision about your treatment if the Court has only given them the power to make a decision about your care arrangements. A Deputy must always make decisions in your best interests, and is bound by law to do so. They must also take all steps possible to help you make a decision for yourself if you can.
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To apply to become a Court Appointed Deputy there is an initial fee of £400. The application is the first part of a longer process. Once the court order is issued there are continuing tasks and responsibilities that the Deputy has to complete. The Office of the Public Guardian will support and supervise decisions that the Deputy makes, and the Deputy will have to submit reports to them on any action or decision that is taken on your behalf. Further fees have to be paid to cover the cost of this supervision. They are as follows:
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£100 for the Deputy Assessment fee. This is paid once to the Office of the Public Guardian to determine the level of supervision needed.
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An annual supervision fee of either £35 or £320. The amount will depend on how closely the Deputy needs to be supervised. It is always better to create an LPA before you lose capacity. This is because the process of applying to be a Deputy can be lengthy and costly. The Deputy has to report on all decisions they make, which they would not have to do as an Attorney. Also their decision-making power is limited to certain decisions, and deputies can never be given the power to refuse life-sustaining treatment on your behalf. For more information on Court Appointed Deputies contact Compassion in Dying or the Court of Protection. What if I do not have anyone close to me to be involved in decisions? The Mental Capacity Act created the Independent Mental Capacity Advocate (IMCA) Service to represent people who are unable to make important decisions about their health or welfare and have no family or friends who can be involved in the decision-making process. It is the responsibility of your local authority or NHS organisation to make sure that IMCAs are available to represent people who lack capacity. The person or team responsible for your care (such as your social worker or hospital doctor) has a legal duty to ‘instruct’ (refer you to) an IMCA if:
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a decision needs to be made about serious medical treatment provided by the NHS;
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or it is proposed that you have a long-term stay in a care home (for longer than eight weeks) or in hospital (for longer than 28 days);
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or it is proposed that you move to different accommodation on a long-term basis;

WHAT IS A FUNERAL PLAN

A funeral plan is a way of paying for your funeral at today's prices. It is not an investment plan therefore, there is no cash in value, you are effectively paying for a funeral service in advance rather than seeking to earn a return on your investment.
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WHAT ARE THE BENEFITS OF TAKING OUT A FUNERAL PLAN
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The main benefit of a funeral plan is cost! None of us know how much our own funeral will cost when our turn comes. However, what we do know is that the prices are rising significantly around £200 - £300 per year so being able to fix the cost at today's prices is a great benefit. By taking out a plan now you have the reassurance of not putting a financial burden on your family at a difficult time. Another good reason to take out a funeral plan is choice. You can plan your wishes in advance making sure you receive the funeral you want and not a service that someone else decides for you.
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HOW DO THEY WORK
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You can either pay in full or in instalments over a number of years, usually 1-10 years to the plan provider who invests the money in a trust fund with independent trustees. or you can take out a fixed monthly payment funeral plan, these are an insurance backed policy which is then used to pay for the funeral when ever it may be.
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WHAT IS INCLUDED IN A PLAN
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There are funeral plans to fit all budgets and requirements. We are official intermediaries for Golden Leaves and SafeHands funeral plans. please use the link below to see a comparison guide of the UK's top providers. You can also see what is included in each plan
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