Making a will is something we all know we should do but we often don’t get round to it. When you draw up a Will you state what you want to happen with your Estate (everything you own) after your death. You also choose who you want to deal with your Estate. This person is called your Executor.
Making a Will is the only way for you to make sure your property and possessions go to the people you want them to go to. Having a Will in place has never been more important. With family structures becoming more complex it is often not clear who is entitled to share in your Estate if you don’t leave a Will. If you die without leaving a Will, someone will have to apply to the court to be appointed as your Executor. This may not be the same person you intended to appoint as your Executor. This can be a time-consuming and expensive process, at an already sad and difficult time for your loved ones.
Once your Will is made, it is also important to review it on a regular basis. You need to ensure it is up to date and reflects your current circumstances.
A power of attorney is a document which gives a person you trust the legal authority to act on your behalf. You can choose to give your attorney the power to deal with financial affairs, welfare affairs, or a combination of both. An Attorney must act in your best interest. It is up to you what powers you grant to your Attorney. Your Power of Attorney must be registered with the Public Guardian's Office before it becomes legally valid.
It is essential that a Power of Attorney is put in place while you are capable. If you then become unable to attend to matters, either temporarily or on a permanent basis, a trusted person can act for you. If anything should happen to you whereby you become unable to manage your own financial or personal affairs, if you do not have a Power of Attorney in place one of your loved ones, or alternatively the social work department, will need to apply to the local Sheriff Court to be appointed as your Legal Guardian. This can be a long drawn out process and an expensive one.
We have experienced solicitors who can assist you with drawing up your Will and executing a Power of Attorney. If you do both of these together we can offer you a discounted package.
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