Tag: Power of Attorney

Why Having a Will Brings Peace of Mind

DYING MATTERS AWARENESS WEEK 5 – 11 MAY

MAKING a Will and being open about our wishes relating to our estate and inheritance can help provide comfort to those around us after we’ve passed away. That’s the view of two of the UK’s leading experts ahead of a major week of awareness aiming to amplify these issues. 

Alison Neate, a Partner & Head of Professional Negligence, and Senior Associate & Head of Contentious Probate, Victoria Townsend, at law firm Smith Partnership also said a more proactive approach can help reduce costly disputes. 

Their warning comes in Dying Matters Awareness Week, a week-long campaign that encourages individuals to talk openly about death, dying, and to make plans for what should happen after they’ve gone.  

Taking place from May 5th to 11th, it aims to break down taboos and encourage individuals to share resources related to end-of-life care. 

Ms Neate said: “We see many legal problems because people fail to prepare for the inevitable, which is why this campaign is so important.

“Having a Will means peace of mind for the person in question, but also for their family members.”  

Ms Townsend added: “A lot of people are fearful about dealing with their affairs, or just don’t like the idea of talking about death in general.

“Some are also concerned about the costs of preparing a will – but what they aren’t thinking about is the cost of a potential dispute due to the absence of a Will.”

 Why a will isn’t just a ‘nice-to-have’ 

Explaining just some of the legal and emotional risks of not having a will, Ms Neate said: “Ultimately, there are potentially troubling consequences if you don’t have a Will because the deceased’s estate will be dealt with under the Intestacy Rules.

“The Rules are quite outdated when you apply them to the modern blended family scenario.  

“Stepchildren, for example, can be disadvantaged as the intestacy Rules do not provide for them to inherit from an estate. So, not having a will can be extremely upsetting for those left behind. 

“Talking about what your wishes are is also important. Many of the disputes we deal with arise because the deceased didn’t properly communicate their wishes during their lifetime, and so it comes as a surprise to family members when the will is finally read after the death.  

“Being open and honest about what you intend to do will not always prevent a dispute, but it can certainly help.”  

DIY wills – understanding the risks 

Exploring the increasingly popular ‘DIY will’ trend, Ms Neate said: “It’s vital that a Will is completed by a regulated organisation. A trend has emerged recently, where people make their own will from Online templates or use will writing services from unregulated providers.   

“This means you can potentially create a document which purports to be a Will, but isn’t actually a legally valid Will- rendering the whole task pointless and giving rise to potential disputes after the death.  

Upon the death it is also beneficial to seek legal representation. 

Ms Townsend explains “Professionals will be able to walk the line between being empathetic and understanding post – death, which is naturally a difficult time, whilst also making sure that matters are progressing, because it’s very difficult for people when they’re grieving to take everything in.  

“It’s our job to make sure that the winding up of an estate is always going in the right direction.”  

It’s not just about the Will itself

There is more to end-of-life care than just making a will, however.

Ms Neate said: “Having a Lasting Power of Attorney is a practical step that every adult of any age should consider taking , and of course especially the elderly or those who may be seriously ill. 

“An LPA is a document which specifies who will stand in the shoes of the person making the LPA (“the Donor”) to make decisions governing their health and welfare or their property and financial affairs in the event of incapacitation.  

“Unexpected things can happen, so again, it’s important to have a LPA professionally written and to make sure that it is registered with the probate Registry. If it’s not registered, it cannot take legal effect.”  

Ms Townsend added: “If you’re appointing an executor under a Will, then you should tell them that you’ve done that. You should tell them the whereabouts of the will, but also communicate the extent of your assets.  

“If you don’t, then they are then in a position when you pass away, that they’ve got no idea what the extent of your estate is, and it just creates more problems for them.  

“Ultimately, making a will shouldn’t be an afterthought. Most people want to do right by their family and loved ones, so thinking about it in detail before doing it and seeking advice from a professional should be key considerations.” 

“Future planning felt like an act of love and respect”

Back by popular demand, LifeCare Edinburgh to re-run free Power of Attorney info event to help local people simplify the future 

Thinking about what would happen in the future if our, or our loved ones, faculties deteriorated can be stressful and worrying. How would someone manage our affairs, access our accounts to set up the right care for us, or pay the bills? Without the right processes in place, an already very emotional situation can be made worse with often very serious consequences.  

Local charity, LifeCare Edinburgh understands how daunting and complex these situations can be and will next month host a free information giving event to help debunk the complexities and help people put the right practical support in place to ensure someone trusted can quickly make decisions on behalf of a loved one if they’re not able, or no longer able, to make them themselves.  

Power of Attorney is a legal document where someone – while they still have mental capacity – nominates a trusted friend or relative to look after their affairs if they later lost capacity in the event of an emergency, illness or accident. It is not limited to people who are older or unwell, everyone needs to consider setting up a Power of Attorney at any stage of life to avoid any future complications. For example, due to having a stroke, serious accident or dementia.  

Delivered in partnership with experts from Lindsay’s Legal Services team, LifeCare initially held this successful event last year designed to help simplify matters for local people.  This first event was so well attended that the organisers are bringing it back to meet demand.   One attendee noted:

“LifeCare’s informative Power of Attorney talk spurred me on to have the difficult conversations with my mother that we had both been avoiding, resulting in her setting up a will and PoA. Future planning felt like an act of love and respect; it also inspired me to start planning for myself. Thank you.”

Sarah van Putten, Chief Executive of LifeCare said: “Unfortunately at LifeCare we are well aware of how stressful life can be when people don’t have the right documents in place.  No one can predict when they may face an unforeseen illness, accident or other debilitating event that may render them incapacitated.  

“As one of Edinburgh’s leading charities providing practical care support we know how emotional these situations can be at the best of times but we also know how much worse they can be when family members and loved ones are locked out of helping access the support for the people they care for. 

“Relatives can’t just walk into a bank and access your money, even if it is to pay for your care. Unless you’ve a Power of Attorney, loved ones would need to apply through court, which can be long and costly. 

“We understand that thinking about the future can be upsetting and frightening. We’re thrilled to bring back our free and informal information giving event delivered in partnership with Lindsays; there will be no jargon and there will be plenty of time for questions and discussions and an opportunity to discuss any concerns with legal experts for free.”

LifeCare’s ‘What is Power of Attorney’ event, delivered in partnership with Lindsay’s, will take place at 3pm on Wednesday 21st May in the charity’s fully accessible community café, CafeLife at 2 Cheyne Street, EH4 1JB. 

Free tea and coffee will be available along with the opportunity to find out more about LifeCare’s vital services for older people and the community overall.  

The event is free to attend but those interested are encouraged to register their interest on Eventbrite https://shorturl.at/ypqMO or by calling the friendly team on 0131 343 0940.

What is Power of Attorney?

A few places still available at LifeCare’s free info event to help local people simplify the future

Thinking about what would happen in the future if our, or our loved ones, faculties deteriorated can be stressful and worrying. How would someone manage our affairs, access our accounts to set up the right care for us, or pay the bills? Without the right processes in place, an already very emotional situation can be made worse with often very serious consequences.  

Local charity, LifeCare Edinburgh understands how daunting and complex these situations can be and will next month host a free information giving event to help debunk the complexities and help people put the right practical support in place to ensure someone trusted can quickly make decisions on behalf of a loved one if they’re not able, or no longer able, to make them themselves.  

Power of Attorney is a legal document where someone – while they still have mental capacity – nominates a trusted friend or relative to look after their affairs if they later lost capacity in the event of an emergency, illness or accident.

It is not limited to people who are older or unwell, everyone needs to consider setting up a Power of Attorney at any stage of life to avoid any future complications. For example, due to having a stroke, serious accident or dementia.  

Delivered in partnership with experts from Lindsay’s Legal Services team, LifeCare will host its first information giving event designed to encourage people to stop and think about what they need to put in place to help simplify the future.  

Sarah van Putten, Chief Executive of LifeCare said “Unfortunately at LifeCare we are well aware of how stressful life can be when people don’t have the right documents in place.  No one can predict when they may face an unforeseen illness, accident or other debilitating event that may render them incapacitated.  

“As one of Edinburgh’s leading charities providing practical care support we know how emotional these situations can be at the best of times but we also know how much worse they can be when family members and loved ones are locked out of helping access the support for the people they care for. 

“Relatives can’t just walk into a bank and access your money, even if it is to pay for your care. Unless you’ve a Power of Attorney, loved ones would need to apply through court, which can be long and costly. 

“We understand that thinking about the future can be upsetting and frightening. Our free and informal information giving event delivered in partnership with Lindsays is designed to simplify matters; there will be no jargon and there will be plenty of time for questions and discussions and an opportunity to discuss any concerns with legal experts for free.”

LifeCare’s ‘What is Power of Attorney’ event, delivered in partnership with Lindsay’s, will take place at 2pm on Wednesday 1st May in the charity’s fully accessible community café, CafeLife at 2 Cheyne Street, EH4 1JB. 

Free tea and coffee will be available along with the opportunity to find out more about LifeCare’s vital services for older people and the community overall.  

The charity is encouraging people to register via Eventbrite in advance of the meeting: https://www.eventbrite.co.uk/e/lifecares-power-of-attorney-information-event-tickets-856970821797?aff=oddtdtcreator

or visit the LifeCare website https://www.lifecare-edinburgh.org.uk/

or call 0131 343 0940 to register interest.

UK gambling with £5.5trn inheritance as more than half don’t have a will

  • 73% of UK adults with financial concern for others say ensuring the right people receive money is important when gifting money
  • Yet 57% of adults surveyed do not have a will in place
  • Nearly half (45%) have never spoken or will not speak about pension death benefit nomination, lasting power of attorney or a trust with family

More than half of the UK with financial concerns for others (57%) do not have a will in place, according to new research from Quilter, leaving their family finances open to challenge when they pass away.

Of those that do have a will, the majority (53%) have not updated it within the last five years, with a further 14% never having updated it at all. Worryingly, 16% of over 55s have never updated their wishes.

Meanwhile, one in four of those with financial concern for others (25%) said they would be willing to contest someone else’s will if they felt the estate hadn’t been divided fairly, highlighting the need to have an inheritance plan well established and communicated with family.

According to the Kings Court Trust, £5.5 trillion will be passed between generations in the next 30 years. Quilter is warning those who do not have a will or have not updated it in the last 10 years to put one in place to ensure inheritance is passed on in accordance with their wishes.

This comes as the research also showed that when gifting money, an important aspect was ensuring the right people in the family receive the money, with three quarters (73%) citing this as important. Ensuring recipients save tax was another key aspect, with just over half of respondents (55%) stating this is important.

The research also found that45% of people have never or won’t speak about pension death benefit nomination, lasting power of attorney or a trust with their family, again leaving their wishes undetermined.

Rachael Griffin, tax and financial planning expert at Quilter, said: “Inheritance is a highly emotive topic for family to discuss, but many are simply hoping for the best and ignoring what is clearly an important subject.

“Everyone has desires for what happens to their money and their possessions when they pass away, so it is vital these are recorded and regularly updated. Not doing so leaves an estate up for challenge, and this will only delay the grieving process for your family members after you die.

“Encouraging conversations about money and inheritance between family members is the major theme that has emerged from this research. The vast majority see the right family members receiving the money as an important aspect of gifting. However, failing to talk about your estate and your wishes with those family members is just adding a layer of risk on to your inheritance.

“It is also important to remember that while a will is a fantastic way of recording your wishes, you must not forget things like pension death benefit nominations and lasting power of attorney. These are also crucial elements in ensuring your affairs are managed in the way that you want them to be following loss of any capabilities or death.

“Having these discussions with family and ensuring documents are kept up to date will ensure that vast sums of money that are due to flow through the generations will do so in the intended way.”

Man convicted of embezzlement

Gordon Couch (57), was yesterday found guilty at Edinburgh Sheriff Court of Embezzlement after a three-week long trial.

Mr Couch has been convicted of embezzling £170,000 of funds from Marjorie Stewart, from Edinburgh, both prior to and after her death in September 2013 when he was acting as her Independent Financial Advisor, was her Power of Attorney and the Executor of her Will which afforded him trusted access to funds.

An investigation was launched in 2016 after Mrs Stewart’s family raised concerns about Mr Couch’s conduct including the misappropriation of funds.

Mr Couch had by this time moved to Hong Kong and officers began efforts to secure his return to the UK to face charges. He was finally arrested in 2019 after returning to the UK.

Detective Sergeant Craig Potter said: “This was a complex case covering a large number of years where the power and control afforded to one person was able to be abused.

“Marjorie Stewart’s family were key to uncovering the misappropriation and have shown exemplary conduct throughout the long wait for the case to come to court. Hopefully all the witnesses are afforded some closure by today’s verdict.”

Should you have criminal concerns with regard to Power of Attorney or financial issues, police should be contacted.

If you have concerns about anyone carrying out any of the roles for someone else then advice can always be sought from the relevant regulatory body:

Independent Financial Advisors – Financial Conduct Authority

Power of Attorney – Office of the Public Guardian

Executors – Law Society of Scotland