by Saqib Khan | Sep 26, 2023 | Powers of Attorney, Wills
Introduction
A Lasting Power of Attorney (LPA) is a legal document that allows someone to appoint one or more individuals, known as attorneys, to make decisions on their behalf if they become unable to do so themselves due to illness, disability, or other circumstances. While choosing the right attorney is crucial, situations may arise where you need to remove an attorney from your LPA. This blog will guide you through the process of removing an attorney from your LPA.
Understanding the LPA
Before we delve into the process of removing an attorney, it’s essential to understand the different types of LPAs in the UK:
- Property and Financial Affairs LPA: This allows your attorney to manage your finances, property, and assets on your behalf.
- Health and Welfare LPA: This empowers your attorney to make decisions about your healthcare, medical treatment, and daily care.
Depending on your circumstances, you may need to remove an attorney from either or both types of LPAs.
Reasons for Removing an Attorney
There can be various reasons for wanting to remove an attorney from your LPA, including:
- Loss of Trust: If you no longer trust your attorney to act in your best interests.
- Incompetence or Mismanagement: If your attorney is not handling your affairs properly or is incapable of doing so.
- Personal Conflict: If you and your attorney have had a falling out or a personal dispute that hinders their ability to make decisions on your behalf.
Steps to Remove an Attorney from Your LPA
- Review Your LPA Document: Start by carefully reviewing your LPA document to ensure you have the legal authority to remove an attorney. Consult a solicitor if you are unsure about the terms and conditions.
- Choose a Replacement Attorney: If you are removing an attorney from your LPA, you may need to appoint a replacement attorney if you still want someone to act on your behalf. Ensure the replacement attorney is willing and able to take on the responsibility.
- Complete the LPA Revocation Form: To officially remove an attorney from your LPA, you must complete the LPA revocation form. This form can be obtained from the Office of the Public Guardian (OPG) or downloaded from their website. The form requires your details, the attorney’s details, and the replacement attorney’s details (if applicable).
- Notify the Attorney: You should inform the attorney you wish to remove about your decision. This is often done in writing to ensure there is a record of the communication.
- Witness and Sign the Form: You must sign the LPA revocation form in the presence of an independent witness. The witness must also sign the form. The witness cannot be the attorney or the replacement attorney if you are appointing one.
- Send the Form to the OPG: Once the form is completed and signed, send it to the Office of the Public Guardian. There may be a small fee associated with this process, so check the current fee structure on the OPG website.
- Notify Relevant Parties: Inform any institutions or individuals that interacted with the attorney about the revocation of their authority. This could include banks, healthcare providers, and care homes.
- Register the New LPA (if applicable): If you have appointed a replacement attorney, you may need to register the new LPA with the OPG. The registration process ensures the legality of the new attorney’s authority.
Conclusion
Removing an attorney from your LPA is a legal process that must be done correctly to protect your interests. It’s essential to follow the appropriate steps, including notifying the attorney and completing the necessary forms. Consulting with a solicitor who specializes in this area of law can provide valuable guidance and ensure that you navigate the process smoothly. Always remember that an LPA is a powerful legal document, and its management should be approached with care and consideration for your best interests.P
Please get in touch if you would like any help with creating or altering an LPA on 0161 850 9911.
by Saqib Khan | Sep 6, 2023 | General, Powers of Attorney, Wills
Introduction
Creating a will is a vital step in ensuring that your assets are distributed according to your wishes after you pass away. Many individuals contemplate whether to use a DIY will kit or seek the assistance of a solicitor to draft their will. While DIY will kits may seem like a convenient and cost-effective option, there are several compelling reasons why it is preferable to have a solicitor draw up your will. In this blog post, we will explore these reasons to help you make an informed decision regarding your estate planning.
- Legal Expertise
Solicitors are legal experts who specialize in various areas of law, including wills and estate planning. They possess a deep understanding of the complex legal requirements and nuances involved in drafting a will. When you hire a solicitor, you benefit from their knowledge and experience, ensuring that your will is legally sound and complies with all relevant laws and regulations.
- Tailored Advice
Every individual’s circumstances are unique, and a one-size-fits-all approach provided by DIY will kits may not address your specific needs. A solicitor can provide personalized advice and guidance based on your financial situation, family dynamics, and personal preferences. They can help you make informed decisions about how to distribute your assets and address any potential complications that may arise.
- Avoiding Errors and Omissions
DIY will kits are notorious for errors and omissions that can lead to disputes, delays, and additional expenses during the probate process. Solicitors have the expertise to carefully review your will, ensuring that it accurately reflects your intentions and is free from ambiguities or mistakes that could cause legal issues down the line.
- Updates and Amendments
Over time, your circumstances may change, such as acquiring new assets, getting married or divorced, or having children. A solicitor can help you regularly review and update your will to ensure that it remains current and reflects your changing life circumstances. This proactive approach can prevent future disputes and ensure that your wishes are always up to date.
- Reducing the Risk of Challenges
Wills are sometimes contested by disgruntled family members or beneficiaries who believe they have been unfairly treated. A professionally drafted will by a solicitor is less likely to face challenges since it is less susceptible to legal loopholes or ambiguity. Solicitors can also provide valuable documentation to demonstrate your mental capacity and intention when creating the will, further reducing the risk of disputes.
- Peace of Mind
Perhaps one of the most significant advantages of having a solicitor draw up your will is the peace of mind it provides. Knowing that your estate planning has been handled by a legal professional who has considered all relevant factors and potential complications can alleviate stress and uncertainty, both for you and your loved ones.
Conclusion
While DIY will kits may seem like a cost-effective option, the potential pitfalls and complications that can arise from using them make it advisable to hire a solicitor for this crucial task. A solicitor’s expertise, tailored advice, error prevention, and the ability to adapt to changing circumstances provide you with the assurance that your will is legally sound and aligned with your wishes. Investing in a solicitor for your will ensures that your estate is managed smoothly and in accordance with your intentions, offering you and your loved ones the peace of mind you deserve.
Georgina Hardman heads our wills department and would be happy to chat any concerns you may have. We also offer a free will for all simple wills. Please call Georgina on 0161 850 9911 or email her at georgina.hardman@khanmather.co.uk
by Saqib Khan | Apr 16, 2023 | Powers of Attorney, Wills
Introduction
Creating a will is a crucial step in securing your assets and ensuring that your final wishes are carried out after your passing. However, simply drafting a will is not enough. Registering your will can provide added protection and peace of mind for both you and your loved ones. In this blog post, we will explore the reasons why you should consider registering your will.
- Legal Validity
Registering your will adds a layer of legal validity to your document. While an unregistered will is still legally binding, registering it helps to establish its authenticity. It provides an additional layer of evidence that can help avoid potential disputes or challenges in the future. Registering your will ensures that the document can be easily located and verified when the time comes.
- Safekeeping and Accessibility
One of the most significant advantages of registering your will is the safekeeping and accessibility it offers. By registering your will with a trusted organization or solicitor, you can be confident that it will be securely stored and easily located when needed. This ensures that your loved ones will be able to locate and access your will promptly, preventing any unnecessary delays or complications during the probate process.
- Privacy Protection
By registering your will, you gain the option to keep the contents of your will private. When a will is registered, only limited information, such as the location of the will and the name of the organization or solicitor holding it, will be made public. This added layer of privacy can be especially important if you have sensitive or personal information contained within your will that you wish to keep confidential.
- Enhanced Certainty
Registering your will can provide enhanced certainty regarding its existence and content. In the event that a will cannot be located, or if there are doubts regarding its validity, registered wills can be easily tracked down and verified. This helps ensure that your wishes are respected and that your estate is distributed according to your intentions.
- Simplified Probate Process
Registering your will can significantly simplify the probate process for your loved ones. When a will is registered, the organization or solicitor holding it will typically provide guidance and support to the executor or beneficiaries during the probate process. They can help navigate the legal requirements and ensure that the necessary steps are followed correctly, reducing stress and confusion during an already challenging time.
Conclusion
While creating a will is an important step in estate planning, registering your will provides numerous benefits that should not be overlooked. From legal validity and safekeeping to privacy protection and simplified probate, registering your will offers peace of mind to both you and your loved ones. By taking this extra step, you can ensure that your final wishes are respected, and your estate is distributed according to your desires. Make the wise decision to register your will and secure the future of your loved ones.
Call 0161 850 9911 and speak to Georgina Hardman on 0161 850 9911.
by Saqib Khan | Mar 30, 2023 | Powers of Attorney, Wills
Probate is a legal process that occurs after someone dies, which involves validating their will (if they had one), identifying and distributing their assets, and settling any outstanding debts or taxes. The purpose of probate is to ensure that the deceased person’s wishes are carried out and that their assets are properly distributed to their heirs or beneficiaries.
While probate is an essential process in the United States, it can be lengthy and complicated. Here’s what you need to know about probate.
What is probate, and why is it necessary?
Probate is a legal process that takes place after a person dies, which involves validating their will (if they had one), identifying their assets, and distributing those assets to their beneficiaries or heirs. Probate is necessary to ensure that a deceased person’s assets are distributed according to their wishes and that any outstanding debts or taxes are paid.
How does probate work?
The probate process typically begins when the executor of the deceased person’s will files a petition with the probate court in the county where the deceased person lived. The court then reviews the will, appoints an executor (if necessary), and validates the will.
The executor is responsible for identifying and inventorying the deceased person’s assets, notifying creditors, and settling any outstanding debts or taxes. Once these obligations have been met, the executor can distribute the remaining assets to the beneficiaries or heirs according to the deceased person’s wishes.
What are the advantages and disadvantages of probate?
One of the advantages of probate is that it provides a legal framework for ensuring that a deceased person’s assets are distributed according to their wishes. Additionally, the probate process can provide a forum for resolving disputes between beneficiaries or heirs.
However, probate can also be a lengthy and expensive process. The costs of probate can include court fees, Solicitors fees, and executor fees. Additionally, the probate process can be emotionally draining for family members, particularly if there are disputes over the distribution of assets.
How can you avoid probate?
There are several ways to avoid probate, including:
– Creating a living trust: A living trust allows you to transfer ownership of your assets to a trust while you are still alive. After you die, the assets in the trust are distributed to your beneficiaries without the need for probate.
– Naming beneficiaries: Many financial accounts, such as retirement accounts and life insurance policies, allow you to name beneficiaries. When you die, the assets in these accounts are distributed directly to your beneficiaries without the need for probate.
– Owning property jointly: If you own property jointly with someone else, such as a spouse or partner, the property will pass to them automatically when you die. However, it’s important to note that joint ownership can have tax and legal implications that should be carefully considered.
In conclusion, probate is an essential legal process that ensures that a deceased person’s assets are distributed according to their wishes. While probate can be lengthy and expensive, there are ways to avoid it, such as creating a living trust or naming beneficiaries. It’s important to consult with an attorney or financial advisor to determine the best course of action for your specific circumstances.
Please call Georgina Hardman in our Wills and Probate Department on 0161 850 9911 to discuss any issues regarding probate.
by Saqib Khan | Mar 11, 2023 | Powers of Attorney, Wills
A power of attorney is a legal document that allows someone else to make decisions and take actions on your behalf. This can be useful if you become unable to make decisions for yourself, for example, due to illness or injury. In this blog post, we will explore the different types of powers of attorney and their uses.
The three types of powers of attorney are:
- Ordinary Power of Attorney
- Lasting Power of Attorney (LPA)
- Enduring Power of Attorney (EPA)
An Ordinary Power of Attorney is a legal document that allows someone to act on your behalf for a specific time period, such as while you are abroad. It can be used to manage your finances, such as paying bills, selling property, and managing investments. An Ordinary Power of Attorney is only valid while you have the mental capacity to make decisions for yourself.
A Lasting Power of Attorney (LPA) is a legal document that allows someone to make decisions on your behalf if you become unable to make decisions for yourself due to illness, injury, or mental incapacity. There are two types of LPA: Property and Financial Affairs LPA and Health and Welfare LPA. The former allows the appointed person to make decisions about your finances and property, while the latter allows them to make decisions about your health and welfare, such as where you live and what medical treatment you receive.
An Enduring Power of Attorney (EPA) was a legal document that allowed someone to manage your finances if you became unable to do so. However, EPAs are no longer valid as they were replaced by LPAs in 2007. If you made an EPA before 1 October 2007, it will still be valid.
To create a power of attorney, you must be over 18 and have the mental capacity to make decisions for yourself. You must also choose someone you trust to act as your attorney. This can be a family member, friend, or a professional such as a solicitor.
To create an LPA, you must register it with the Office of the Public Guardian (OPG). The registration process can take up to 10 weeks. You can register an LPA while you still have mental capacity, but it cannot be used until you lose mental capacity.
It is important to choose your attorney carefully and ensure that they understand your wishes and preferences. You should also review your power of attorney regularly to ensure that it still reflects your wishes and circumstances.
In conclusion, a power of attorney can be a valuable tool to ensure that your affairs are managed if you become unable to make decisions for yourself. There are different types of powers of attorney, and it is important to choose the right one for your circumstances. It is also important to choose your attorney carefully and keep your power of attorney up to date.
If you need help creating a power of attorney, call Georgina Hardman on 0161 850 9911.
by Saqib Khan | Feb 2, 2023 | Conveyancing, Powers of Attorney, Wills
If you own a house with your partner but are unmarried in the UK, it’s important to protect your interests and ensure that you have legal rights to the property. Here are some steps you can take:
- Get a cohabitation agreement: A cohabitation agreement is a legal document that sets out how you and your partner will manage your joint assets, including the house. It can outline who owns what percentage of the property, how bills and expenses will be divided, and what will happen if you separate. Having this agreement in place can help to prevent disputes and ensure that you are both protected.
- Register your ownership: If the property is registered with the Land Registry, make sure that both you and your partner are listed as owners. You can choose to hold the property as either joint tenants or tenants in common. As joint tenants, you both own the property equally and if one of you dies, the other automatically inherits their share. As tenants in common, you each own a specific share of the property and can pass it on to whoever you choose in your will.
- Consider taking out a mortgage jointly: If you are both contributing to the mortgage, it’s a good idea to have both of your names on the mortgage agreement. This will ensure that you both have a legal right to the property and will be responsible for the mortgage payments.
- Keep records of your financial contributions: If one of you is contributing more to the mortgage or other household expenses, keep detailed records of this. This can help to prove your financial stake in the property if there is a dispute later on.
- Seek legal advice: If you are unsure about your legal rights and how to protect them, it’s a good idea to seek legal advice from a solicitor who specializes in property law. They can help you to understand your options and draft a cohabitation agreement that meets your needs.i
If you would like to discuss any of the above, please telephone Georgina Hardman in our wills department on 0161 850 9911 to discuss further.
