At Larcomes we have considerable experience in all Private client matters including, Wills, Probate, and Lasting Power of Attorney. This is a highly complex and constantly changing area of law and our team at Larcomes can provide you with clear, up-to-date, professional advice on how to plan for your future and for that of your beneficiaries.
Whilst most of us understand we should have certain legal documents in place, many have the view they will not be needed until later in life, which unfortunately can have complex and distressing consequences for loved ones.
We asked the team some of the most frequently asked questions regarding Wills and Lasting Powers of Attorney and find out about Billie McClelland, who has recently joined the Private Client team.
Frequently Asked Questions
- I have a Will, why do I need a Lasting Power of Attorney? –
Both these legal documents are important. Whilst a Will protects your beneficiaries’ interests after you have died, a Lasting Power of Attorney protects your interests while you are still alive – up to the point where you die. By putting in place a Lasting Power of Attorney, whilst you still have the mental capacity to do so, you are giving someone you trust the authority to make decisions and act on your behalf if you lost the ability to make those decisions for yourself. There are two types of Lasting Powers of Attorney:
- Property and Financial Affairs
- Health and Welfare
You can read about these in more detail in our previous blogs, by clicking on the links below:
https://www.larcomes.co.uk/what-is-a-lasting-power-of-attorney-for-property-and-financial-affairs/
https://www.larcomes.co.uk/lasting-power-of-attorney-for-health-and-welfare/
- I am married, will my spouse be able to make decisions for me without an LPA?
No. Being married or in a civil partnership does not automatically mean that your spouse will be able to make decisions for you were to lose the mental capacity to make your own decisions, and vice versa. Unfortunately, many people assume that if they are married, their husband or wife will automatically have the legal ability to make decisions concerning their health care or handle their finances. However, this is not the case without the correct LPA in place, with a named attorney. – Read our previous article, The importance of Lasting Powers of Attorney
- Can I create my own Will online?
Creating a Will online may seem like a cost-effective way of putting in place this legal document. However, there are risks associated with not having these prepared by a regulated professional. One of the main issues with online wills is that it can cause complex and expensive issues to set right if they go wrong. Usually, these mistakes are not discovered until after the testator has passed away, which means the beneficiaries or executors are left to deal with the issues caused. Additionally, and quite significantly, most online services are not run by regulated legal professionals, which means that the family of the person that made the Will would have no authority to complain to and no legal right to any compensation. Larcomes legal services is a regulated law firm. Our specialist Wills and Probate solicitors are fully accredited members of STEP, the professional body for the Trust & Estate Professional Worldwide. STEP is a unique international intellectual resource that ensures its members prospect by maintaining the highest professional values. Additionally, we are members of ‘Solicitors for the Elderly’ (SFE), which is an independent, national organisation of lawyers, such as solicitors, barristers and legal executives who provide specialist legal advice for older and more vulnerable people, their families and care
- We are not married but we have children together, am I automatically entitled to my partners estate?
No. Many people assume there is something called ‘common law marriage’ protecting those that have been living together for a long time, but this is not true. While unmarried and cohabiting partners have a legal right to claim against their partner’s estate if they have been cohabiting for more than two years, the process can be complex. There is no automatic right to the estate if they have not left a Will that names you as a beneficiary or died without a Will in place. If you have children together, and your partner dies without a Will, the Rules of Intestacy say that their inheritance goes to their closest living blood relative, so will recognise them as your partner’s next of kin. For unmarried partners, making a Will protects one another and can help avoid the cost, stress and time that can come with claiming against an estate. Our experienced Wills and Probate Solicitors can help you if you are not sure where you stand legally.
- Do I need advice from a specialist lawyer?
This can be a complex area of law with rigid rules and processes, so it is important to get expert legal advice. We realise it may seem daunting to think about putting in place these legal documents. Our team of specialist Wills, Probate, and Lasting Power of Attorney experts are on hand to make the process as straightforward as possible for you. Regardless of your situation, you can speak to us in complete confidence, and our experienced team are committed to providing excellent legal advice and guidance you can rely on.
Welcome to Billie McClelland, who joined our Private Client team earlier this year as a legal assistant.
Billie joined the Private Client Department at Larcomes in 2021. She has been working within Private Client for several years, starting as a CILEx apprentice when she was 19 years old, and is currently working towards qualifying as a Chartered Legal Executive.
Billie joined the Private Client Department at Larcomes in 2021. She has been working within Private Client for several years, starting as a CILEx apprentice when she was 19 years old, and is currently working towards qualifying as a Chartered Legal Executive.
- What are you looking forward to most about working in the Private Client Team?
I am most looking forward to working with an amazing team who have a wealth of knowledge and experience that I can learn a lot from!
- Why did you decide to work in the legal industry?
I’ve always been interested in law and its evolution in order to adapt to modern society and, as a result, I have always been interested in a career in law in some capacity. I would say this is why I enjoy Private Client work as much as I do; I find it incredibly interesting applying the law to the many unique personal/family set ups that exist, and are ever-changing still, in today’s world.
- What attracted you to working for Larcomes?
I was born in Portsmouth and grew up in the North End area and so I have always been aware of Larcomes and their high reputation. Particularly with my interest in law, it has always been somewhere I have very much aspired to work. Larcomes are also very involved with the local community in Portsmouth and that is something I am incredibly proud to be a part of.
- What was your favourite subject at School?
My favourite subject at School was Art. I love to paint and sketch so it was great learning about different techniques and artists at School.
- Where is one of your favourite places to visit?
One of my favourite places to visit is Portchester Castle – my dogs love a walk around the Castle, and it can also be a great place to catch the beautiful Portsmouth sunset.
Wills and Estate Planning Experts
Our specialist Wills and Probate Solicitors will work with you to assess your individual needs and guide you through the best possible estate and inheritance planning solution for you and your family. We also have the expertise to deal with high value assets including issues such as inheritance tax and trusts.
We are also fully accredited members of STEP, which is the professional body for the Trust & Estate Professional Worldwide. STEP is a unique international intellectual resource that ensures its members prospect by maintaining the highest professional values. Additionally, we are members of ‘Solicitors for the Elderly’ (SFE), which is an independent, national organisation of lawyers, such as solicitors, barristers and legal executives who provide specialist legal advice for older and more vulnerable people, their families and carers.