The death of a close family member or friend can put you under a great deal of emotional stress. Dealing with the legal, tax and administrative responsibilities is often the last thing on your mind and can be a daunting task. To add to this you may be unfamiliar with what to do and with certain terms such as Probate and Estate Administration.
Our probate team at Bampton Legal can help you deal with these responsibilities. Whether you need some advice on what steps to take in dealing with the estate of a loved one or you would like someone to carry out all the relevant services on your behalf – we are here to help.
Bampton Legal can assist with all aspects of administering both small and large estates including more complex estates with assets in different jurisdictions including:
Making a will is one of life’s important decisions but it is surprising how few people actually get round to drafting one.
If you die intestate (without a will) your property and valuables may not go to the people whom you most want to inherit them, it will be difficult to administer your estate, and you could end up paying large amounts of tax that would otherwise go to your loved ones.
Making a will helps you plan for life after you have gone. Bampton Legal appreciate that when it comes to making a will and succession planning, your individual concerns are just as important as the technical issues. We take time to understand your specific circumstances, family situation and business and financial arrangements.
Alongside your will, a LPA is another vitally important legal document . It comes into play if a client suddenly becomes incapacitated, for example in an accident or sudden ill-health such as a stroke. Some might have an inclination that they are losing their mental capacity as it can be a slow process as old age sets in. Either way, thought should be given to who will manage your affairs, whether temporary or permanently. This is called a power of attorney. It authorises a specific individual called an attorney to take decisions on behalf of another either generally or in limited circumstances. These are not to be confused with an ordinary power of attorney, which may be granted on behalf of someone who still has mental capacity but may require a nominated person to sign a document on their behalf. A normal power of attorney ceases to have any effect when the person loses mental capacity. Enduring powers of attorney and lasting powers of attorney are concerned with situations in which mental capacity is lacking or lost.
Who should have a lasting power of attorney?
The short answer is anyone. This is because they can be made prior to losing mental capacity so are very good to have as a precaution in case of an accident or illness. When considering a will it is a good time to consider making a power of attorney at the same time. People who already have an enduring power of attorney may also consider creating a lasting personal welfare power of attorney in circumstances where decisions concerning welfare or medical treatment cannot be made under the enduring power of attorney.
In the absence of a Lasting Power – and when a person is no longer able to make decisions for themselves or lacks capacity, either through the limits of old age or mental illness, it may be essential that a trusted person is appointed to look after their affairs in their best interests.
Bampton Legal can guide you through the complex legal application to the Court of Protection so the vulnerable person receives the proper care they need from a trusted relative or friend.
By combining local knowledge and experience we endeavour to ensure your transaction completes smoothly. Whether a first time buyer or property investor, we offer the same high quality service, providing friendly advice along the way.
In addition to buying and selling, we can help you with many legal aspects of property-related matters, including the following:
Whatever your requirements, we will be happy to provide you with an initial estimate of fees without any obligation.