VSH :: Vincent Sykes & Higham  
 
VSH :: Vincent Sykes & Higham
 
WILL/EPAs/COURT OF PROTECTION
Wills / Living Wills / Enduring Powers of Attorney / Court of Protection
Wills / Living Wills
VS&H has been drafting wills for most of its legal life – and therefore with something in the region of 160 years experience, we feel that our Private Client Department has a wealth of experience to draw upon. This experience is supported by the use of modern wills, drafted by qualified solicitors whose ongoing training ensures up to date knowledge.

Our solicitors offer a personal and individual service, spending the time with the client that is required to ensure that the client’s wishes are understood, and that the client himself understands the effect of the will that he is having drafted.

Without a will, the law determines who should deal with your estate and where it should go on your death – this may not be to the people you want and may not take into account your partner if you are not married at your death. If you have children under the age of 18, and both parents die, the courts would then deal with the appointment of guardians, not you. For this reason alone, it is worth considering having a will.

There will be other events which prompt the making of a will – divorce for example – what happens if you die before your divorce is finalised and do not have a will covering this period ? The law says that your assets will pass to your spouse – is this really what is wanted ?

Even if you have a will, you should consider reviewing it every five years or so, or more frequently if changes take place in your family or finances.

Increasingly people are concerned about the sort of medical treatment they might receive and are looking to Living Wills (also known as Advance Directives) to record their wishes in a way that is recognised and enforceable. The benefit of removing the distress and uncertainty for the family is obvious.

The right advice given at the right time is important. The chance to discuss matters with a qualified person experienced in this area of the law but with the breadth of experience to discuss other related matters is vital. We do not ask you to fill in forms, or complete check lists, but prefer to see you and discuss the issues that are important to you, so that you are sure that you have been given the correct advice and have signed a document that accurately reflects your wishes

Enduring Powers of Attorney/Court of Protection
Mental incapacity can affect any one of us and is not linked only to age and ill-health. If a person is unable to look after their own financial affairs because they are no longer mentally capable of understanding what is going on, their assets are frozen and cannot be touched until the Court of Protection appoints a Receiver. This means that bills remain unpaid, their house cannot be sold and may therefore be standing empty if the person is in hospital or a home and the family can experience a lot of distress and uncertainty, while matters are sorted out.

An Enduring Power of Attorney is a simple document appointing someone of your choice to act in your interests and on your behalf, if the need should ever arise. While it is tempting to “put this off until tomorrow”, tomorrow may be too late - it is important that you understand what you are doing when signing such a document and waiting until the need arises may mean that you no longer have the mental capacity to sign. The need may never arise, in which case you have “wasted” your money, but viewed as a type of insurance, it has to be a sensible thing for everyone to consider.

Our solicitors are experienced in drafting Enduring Powers of Attorney and will ensure that you understand fully what it is you are doing by signing such a document. They will talk to you and your attornies, explaining how it works and answering any questions you may have. Our solicitors keep themselves up to date with changes to the law in this area, by attending courses and subscribing to specialist publications, to ensure that the advice given is the most appropriate to your circumstances.

If someone fails to make an Enduring Power of Attorney, and loses mental capacity, our solicitors can also advise on the procedures of the Court of Protection and will advise and assist in making such applications as are required.

For further information on these services please contact:

 

louise.davies@vshlaw.co.uk  or  sarah.oneill@vshlaw.co.uk  or  elizabeth.maurice@vshlaw.co.uk

 

 

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Vincent Sykes & Higham LLP ("the Company") is the proprietor of this site. The Company is a limited liability partnership registered under Partnership No. OC328992 in England & Wales. The Company’s registered office is at Montague House, Chancery Lane, Thrapston, Northamptonshire, NN14 4LN. All of the members of the Company are solicitors admitted in England & Wales. The Company is regulated by the Solicitors Regulation Authority. Our professional rules and regulations can be accessed at rules.sra.org.uk. "VSH" and "VSH Law" are trading styles of the Company.
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