what if...
At some point in our lives we will all stop and think about the future and ask the question "what if..."
Making the decisions now and getting your affairs in order allows you to get on with life knowing everything is in place should something happen to you. This can bring peace of mind for both you and your loved ones.
When we think about 'getting your affairs in order' we typically think of making a Will. Yes, Wills play a key part but they only take effect after you die. What would happen if you reached a stage in life where you lose the mental capacity to make your own decisions? Who would make decisions about your health and welfare or look after your property and financial responsibilities?
Knowing where to start can sometimes be tricky but here at Hogans we have plenty of experience in helping people get their affairs in order. Our professional and friendly team can help you sort your affairs, from simple advice and estate planning to preparation of lasting powers of attorney and distribution of estates.
Making the decisions now and getting your affairs in order allows you to get on with life knowing everything is in place should something happen to you. This can bring peace of mind for both you and your loved ones.
When we think about 'getting your affairs in order' we typically think of making a Will. Yes, Wills play a key part but they only take effect after you die. What would happen if you reached a stage in life where you lose the mental capacity to make your own decisions? Who would make decisions about your health and welfare or look after your property and financial responsibilities?
Knowing where to start can sometimes be tricky but here at Hogans we have plenty of experience in helping people get their affairs in order. Our professional and friendly team can help you sort your affairs, from simple advice and estate planning to preparation of lasting powers of attorney and distribution of estates.
key services
Wills
If you want to make sure that your property, money and belongings (collectively known as your "estate") is distributed as you would like after you die then a Will is a vitally important document to have.
Without a Will there are strict rules which say how your estate must be distributed. This could mean that your loved ones, friends and favourite charities might not get what you wanted them to have.
We make the process of making a Will as simple as possible for you and are able to offer advice on things such as inheritance tax, who to choose as executors and storage of your Will. We can also help you to amend an existing Will (known as a codicil) if your circumstances change. We can even amend Wills which were originally made elsewhere.
Without a Will there are strict rules which say how your estate must be distributed. This could mean that your loved ones, friends and favourite charities might not get what you wanted them to have.
We make the process of making a Will as simple as possible for you and are able to offer advice on things such as inheritance tax, who to choose as executors and storage of your Will. We can also help you to amend an existing Will (known as a codicil) if your circumstances change. We can even amend Wills which were originally made elsewhere.
Probate
When someone dies, the executor(s) named in the Will is responsible for settling and distributing the estate correctly. To do this a Grant of Representation (more commonly referred to as a grant of probate) may be required if the value of the estate reaches a certain threshold.
We can advise whether or not this is required and apply for it on behalf of the executor(s) should you require.
We can advise whether or not this is required and apply for it on behalf of the executor(s) should you require.
administration of estate
Simply explained as distributing the deceased's belongings, administration of the estate can be a daunting task for many people who are unfamiliar with the process.
We are regularly instructed by executors who want to simplify the process and take away the stresses that come with the role. Our fees are accounted for to the executor(s) and then are normally paid direct from the estate before it is distributed to the beneficiaries so often there will be no need to make payment yourself.
We are regularly instructed by executors who want to simplify the process and take away the stresses that come with the role. Our fees are accounted for to the executor(s) and then are normally paid direct from the estate before it is distributed to the beneficiaries so often there will be no need to make payment yourself.
lasting power of attorney (LPA)
WHAT IS IT?
A Lasting Power of Attorney (LPA) is a legal document which gives a person(s) of your choosing (known as the ‘attorney’) the authority to make decisions on your behalf should you ever become unable to do so in the future. Anyone over the age of 18 who is of sound mind can make an LPA.
There are two different types of LPA that you can make:
Health & Welfare
This gives the attorney authority to make decisions about your day to day health and welfare. This can include making decisions about where you live, medical treatment and your day to day care, including diet and what you wear.
Property & Financial Affairs
This gives the attorney authority to make decisions about your finances and property. If you reach a stage where you are unable to manage your own finances, your attorney can carry out tasks such as paying your bills, collecting any income you are owed and managing the sale of any property.
WHO CAN BE AN ATTORNEY?
You can choose whoever you like as an attorney so long as they are over the age of 18, and in the case of a ‘property and financial affairs’ attorney - not bankrupt. You can have more than one attorney if you wish and you can choose different people to take on the role of health & welfare attorney and property & financial affairs attorney - they don't have to be the same person.
Choosing an attorney is an important decision and you should think about who you trust to carry out the role. You should also consider whether the person is reliable and competent enough to carry out the role.
Many people will choose a relative or close friend but you can ask a professional such as a solicitor.
HOW DOES IT WORK?
Once you have completed all of the paperwork to make an LPA it must be registered with the Office of the Public Guardian (OPG) before it can be used.
If you reach the stage of being unable to make decisions yourself, your attorney will then take over the responsibility for you according to what you’ve said in your LPA.
If you have appointed more than one attorney you can decide how they act when making decisions. For example you could decide that they must all agree on certain decisions like selling property or medical treatment but for day to day decisions such as diet or dress they can act independently.
Regardless of who you choose to appoint as your attorney, when making decisions they must follow the Mental Capacity Act. This means that:
We are able to help you complete and register both types of LPA correctly as well as providing more in depth information and advice on what the process involves.
A Lasting Power of Attorney (LPA) is a legal document which gives a person(s) of your choosing (known as the ‘attorney’) the authority to make decisions on your behalf should you ever become unable to do so in the future. Anyone over the age of 18 who is of sound mind can make an LPA.
There are two different types of LPA that you can make:
Health & Welfare
This gives the attorney authority to make decisions about your day to day health and welfare. This can include making decisions about where you live, medical treatment and your day to day care, including diet and what you wear.
Property & Financial Affairs
This gives the attorney authority to make decisions about your finances and property. If you reach a stage where you are unable to manage your own finances, your attorney can carry out tasks such as paying your bills, collecting any income you are owed and managing the sale of any property.
WHO CAN BE AN ATTORNEY?
You can choose whoever you like as an attorney so long as they are over the age of 18, and in the case of a ‘property and financial affairs’ attorney - not bankrupt. You can have more than one attorney if you wish and you can choose different people to take on the role of health & welfare attorney and property & financial affairs attorney - they don't have to be the same person.
Choosing an attorney is an important decision and you should think about who you trust to carry out the role. You should also consider whether the person is reliable and competent enough to carry out the role.
Many people will choose a relative or close friend but you can ask a professional such as a solicitor.
HOW DOES IT WORK?
Once you have completed all of the paperwork to make an LPA it must be registered with the Office of the Public Guardian (OPG) before it can be used.
If you reach the stage of being unable to make decisions yourself, your attorney will then take over the responsibility for you according to what you’ve said in your LPA.
If you have appointed more than one attorney you can decide how they act when making decisions. For example you could decide that they must all agree on certain decisions like selling property or medical treatment but for day to day decisions such as diet or dress they can act independently.
Regardless of who you choose to appoint as your attorney, when making decisions they must follow the Mental Capacity Act. This means that:
- They must act in your best interest
- They must consider your wishes
- They can’t take advantage of you to benefit themselves
- They must keep all of your money separate from their own
We are able to help you complete and register both types of LPA correctly as well as providing more in depth information and advice on what the process involves.
estate planning
If you have a particularly large or complex estate or just simply want advice on Wills, trusts or how inheritance tax may affect your estate, we can provide you with an appointment to discuss it in more detail.
elderly client advice for individuals & relatives
We are often asked by people if we provide simple advice in relation to an elderly relative or friend. For a small fixed fee we can offer an appointment to sit down and talk through your questions providing you with the legal advice needed to help put your mind at rest.
General advice appointments
Sometimes it's unclear exactly what advice you need to take or you may simply want a bit of guidance on what steps you need to take on a particular matter. We've found that a number of clients have wanted guidance but are worried about incurring significant legal fees which is why we've introduced a simple fixed fee general advice service.
This is a simple 30 minute appointment where you can sit down with us and discuss your query - this might be in relation to property advice, elderly relatives, deputyship or just some simple questions about how to deal with an estate. We can help you with any questions you may have and point you in the right direction so you can decide how you want to proceed.
We charge a simple one-off fixed fee of £75 plus VAT (£90 in total) for a general advice appointment which is paid prior to your meeting. In the event that you choose to instruct us to act further as a result of your appointment then we'll deduct that money from the cost of any additional work.
This is a simple 30 minute appointment where you can sit down with us and discuss your query - this might be in relation to property advice, elderly relatives, deputyship or just some simple questions about how to deal with an estate. We can help you with any questions you may have and point you in the right direction so you can decide how you want to proceed.
We charge a simple one-off fixed fee of £75 plus VAT (£90 in total) for a general advice appointment which is paid prior to your meeting. In the event that you choose to instruct us to act further as a result of your appointment then we'll deduct that money from the cost of any additional work.