It’s World Alzheimer’s Month, an international campaign held every September to raise awareness of dementia and reduce the stigma around the disease.
Dementia is a term for several diseases that affect memory, thinking, and the ability to perform daily activities. Symptoms include difficulty concentrating, mood changes, memory loss and confusion.
It’s a progressive disease, with symptoms getting worse over time, and in many cases, those living with dementia eventually lose the capacity to make decisions for themselves relating to their finances and care.
Alzheimer’s month emphasises the importance of ensuring everyone has the necessary legal documentation in place to protect themselves and their families.
A Will and a Lasting Power of Attorney (LPA) are a crucial part of this process and provide invaluable peace of mind for those with dementia and their loved ones.
Someone living with dementia can still make a Will and a Lasting Power of Attorney provided they have the ‘testamentary capacity’ to do so. This means they can understand what they are doing and the effect it will have.
Private Client Solicitors Portsmouth
However, with contentious probate cases rising, and more objections over the validity of Wills and mental capacity at the time of signing contributing to the increase, those making a Will or an LPA should always enlist the help of an experienced private client solicitor.
At Larcomes, our private client solicitors give accessible, cost-effective and specialist legal advice on all estate planning matters, including Wills, LPAs, tax and trusts.
Our specialist team has extensive experience helping a wide range of individuals and families with their legal needs and will guide you through the options that would best suit your circumstances.
For more information about Larcomes’ estate planning services, call 023 9244 8100 (Portsmouth) or 023 9224 6666 (Waterlooville) or make an online enquiry.
Solicitors for Wills
In this blog, our experienced Wills Solicitors give their top reasons why you need a solicitor to write a Will.
- Legal knowledge and expertise.
A Will must meet certain criteria for it to be legally valid, including that the testator is of sound mind.
Doubts over someone’s testamentary capacity can lead to family disputes and costly legal challenges after their death.
An experienced solicitor will apply the correct legal test for capacity when drafting a Will and use their experience to take the necessary steps if question marks remain, such as asking a qualified medical professional to assess and certify the client’s capacity.
- Reduces chances of future disputes.
A recent report found that contentious probate cases have increased by 56% in the past five years. Multiple factors can be attributed to the rise, including an ageing population, more mental capacity concerns, higher generational wealth and an increase in re-marriages for those over 60.
DIY Wills are also to blame. Concerns remain over the quality of Wills produced without legal advice, including a common failure to account for complex family or financial situations and many DIY wills never been properly executed, rendering them invalid.
A solicitor specialising in Will writing will ensure your Will is drafted accurately to reflect your wishes, and is dated, signed and witnessed in accordance with the correct procedures, reducing the likelihood of it being open to misinterpretation or challenges later on.
- Tailored to your needs.
Everyone’s finances, families, responsibilities and motivations are different, which generic online templates can fail to take account of.
Wills are not one-size-fits-all. They should be adapted to individuals and their circumstances.
A solicitor will ensure your Will is tailored to meet your requirements and part of a wider estate planning strategy.
- Regulated profession.
Solicitors in England and Wales are regulated by the Solicitors Regulation Authority (SRA) and are required to adhere to the SRA’s code of conduct.
This states that solicitors and their businesses act with integrity, honesty, and in the best interests of their clients.
Unregulated Will writers do not have the same legal duty of care.
Using a solicitor to write your Will leaves you safe in the knowledge that you have done all you can to protect your assets and your loved ones, giving valuable peace of mind.
Wills Solicitors Portsmouth and Waterlooville
At Larcomes, our experienced team of private client solicitors in Portsmouth and Waterlooville advise on all aspects of estate planning, including Wills, deeds of variation, probate and Lasting Powers of Attorney.
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.
Members of our team are fully accredited members of the Society of Trust and Estate Practitioners (STEP), a global professional body, comprising lawyers, accountants, trustees and other practitioners that help families plan for their futures.
Membership means we adhere to STEP’s Code for Will Preparation in England and Wales. Please click here to find out more about the Code.
To speak with one of our Wills and Probate team, please call 023 9244 8100 or make an online enquiry.
Please note that this article is not intended to be legal or professional advice. It is for general guidance only, and updates to the law may have changed since it was published.
