FRANCIS HANNA & CO SOLICITORS SERVING UK AND IRELAND

 
     
  WILLS / ENDURING POWERS OF ATTORNEY
 

WILLS
Preparing a will is straight-forward and inexpensive.
Who should make a will? 
Just about everyone over the age of 18.

It is a reality that we are often worth more on death than we have access to during our lives. However if you do not make a will, that which you own ("your estate") could easily go in a direction you had not expected.
If you die without a will the State directs who receives your estate under the Intestacy Rules. Society has changed considerably since these rules were formulated, but the rules have not.
In brief the rules provide for your next of kin to share your estate, which may not include the people you consider to be your nearest and dearest. For example it will not include your partner if you are unmarried, and have not entered a Civil Partnership.
Dying without a will may cause financial hardship to those you had intended to provide for, or unexpected good fortune for those you had not intended to favour. It may also leave your family with uncomfortable uncertainties as to what you had really intended.
With increasing property values, many more families are facing the likelihood of paying Inheritance Tax on a death. Wills can provide a useful tool to minimise or eliminate this tax liability.
Most people intend to make a will ..... not enough actually do it. Contact us to arrange a will appointment now.

ENDURING POWERS OF ATTORNEY
To engage in a legal act or contract it is necessary to have the appropriate mental capacity for such a transaction. Mental capacity can be lost or diminished unexpectedly, through illness, or traumatic injury. Thankfully it is now possible to provide for the management of one’s property and financial affairs, and to an extent one’s medical choices, by advanced planning.
An Enduring Power of Attorney can be executed in relation to one’s property and assets.
An Advance Directive can be signed to direct medical practitioners in the event of life threatening circumstances.
An Enduring Power of Attorney allows a person (the Donor) to give another person authority to act on his or her behalf in respect of the Donor’s property and financial affairs. You may wish to do this if it is convenient to have another person manage your affairs for you, or to ensure, should mental incapacity arise that the person of your choice, handles your assets, in your interests, with legal authority and at minimum of cost and difficulty.
Whilst most Enduring Powers of Attorney are executed by older people, they may be executed by an adult at any age.
One’s choice of Attorney is extremely important, as that person stands in the Donor’s shoes, with access to the Donor’s property and financial affairs, unless such access is specifically restricted. Trust is paramount. If you are doubtful about the integrity of an Attorney, an Enduring Power of Attorney should not be executed in favour of that person, or should be revoked.
An Enduring Power of Attorney can ease family difficulties at a time of major emotional and financial strain. It must be executed in a prescribed form, and registered with the High Court of Justice in Northern Ireland, if the Donor is becoming or has become mentally incapable. Creating an Enduring Power of Attorney is inexpensive, yet it can save significant fees, difficulties and delays.
We advise that an Enduring Power of Attorney should only be entered into on an informed basis, following discussion as to its implications, its benefits, and its possible abuse. Lawyers are best placed to advise on this front and we are well experienced in this area.

LIVING WILLS / ADVANCED DIRECTIVES
By an Advanced Directive (also known as a Living Will) it is possible to make a statement as to one’s future wishes and preferences in medical care, in the event of mental incapacity. By their nature these Directives, which are in the form of a statement, deal with “end of life” issues.
To some they are controversial, to others they embody the “right to choose”.
Great care must be taken in the drafting of Advance Directives as typically such a statement will specify if and when medical treatment is to be withheld, allowing a death to occur.
This is an area unfamiliar to many lawyers. However we have a particular interest in their development and in supporting clients and their families in ensuring that the terms of an Advanced Directive are given effect by the medical professions.
If you have questions about wills, enduring powers of attorney or living wills/advanced directives, please click here to use our online form.