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Wills and Probate

Future Planning / Wills / Probate
Enduring Power of Attorney

Future Planning

We recognise the importance of planning for the future. Whether you are concerned about your health or what will happen to your family and your property when you are gone, we can help you achieve a result that can allay these fears and concerns and ensure that your wishes are respected.

Enduring Powers of Attorney

Enduring Powers of Attorney were introduced in the late 1990's and have become extremely popular in recent years. They are designed to cover a situation where a person loses mental capacity to such an extent that they are no longer able to manage their property and affairs or to make personal care decisions on their own behalf.

The need to have an Enduring Power of Attorney is most clearly illustrated where a person loses mental capacity to the extent that he or she is no longer able to live alone and must move into a nursing home. The person may own a house and it is necessary for the house to be sold to fund nursing home expenses. If the incapacitated person owns the house in their own name or jointly with another, the house cannot be sold unless that person has executed an Enduring Power of Attorney or is made a Ward of Court.

The vast majority of people would prefer that a nominated person or persons (usually family members) should be authorised to make decisions on their behalf rather than put to the trouble and expense of applying for the incapacitated person to be made a Ward of Court.


Making a Will is one of the most important actions you will take in your lifetime to protect your family. It is particularly important to do so if you have a spouse, partner or children. People often put making a Will on the long finger because they do not appreciate the difficulties that can arise if a person dies without a Will. This is called intestacy. In this case the deceased person's property is distributed according to the law. This may not be in accordance with the wishes of the deceased.

It is extremely important that you make a Will if you have minor children (children under 18) to avoid part of your estate being effectively frozen until they come of age. This can cause financial hardship to your spouse or partner. It is also difficult to administer the estate of a person who dies without a Will than the estate of a person who has made a Will.

We often receive phone calls from people who wish us to quote for making a simple Will. We are always reluctant to quote on this basis as we know from experience a person's personal and financial circumstances are seldom as simple as they might appear and we find that when we meet clients and hear their story, they often reveal problems that require particular attention when drafting a Will. This is why we always allow sufficient time when taking instructions to prepare a Will to ensure that we have sufficient information to draft a Will that is best tailored to protect those that the client wishes to benefit for whom he has a duty to provide on his/her death.

We offer comprehensive legal advice in the following areas:

  • Making a Will
  • Grant of Probate and Administration of an Estate
  • Enduring Powers of Attorney

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