It is common knowledge that if you die without making a will your assets will pass to relatives in the order laid down in an act of parliament which imposes the ‘Intestacy Rules’. This can often cause difficulties for those left behind including in particular, spouses, unmarried partners and children of a deceased person. The simple way to deal with this issue is to take professional advice, make a properly prepared will and review it from time to time to keep it up to date. In this way you can ensure that in the event of death those left behind receive what you would like them to.

Most of us will live out our natural lives and it is no doubt for this reason that making a will is often left until later in life. In reality however death can strike at any age. Accidents and natural disasters take their toll on both young and old. If you have assets which you would like to pass on in the event of premature death then really the only sensible time to make a will is now.

Although a will is a technical legal document it need not be an expensive exercise to take the proper advice from an experienced solicitor and have a will prepared. At Bridge McFarland we have experts at all our offices to help you through the process.

A Power of Attorney is a legal document by which you can empower another person (or persons) to act on your behalf generally, for a specified purpose or for a specified period of time. Those planning for the future will often sign a ‘Lasting Power of Attorney’ which subject to taking some administrative steps will continue to be effective in the event of them losing the capability to manage their own affairs.

If you need to appoint an attorney for a specified purpose (e.g. they sell a particular property for you) or for a specified period of time (e.g. for six months) a simple ‘General Power of Attorney’ will suffice. For example, if you were going abroad for an extended holiday then one or both of the examples given could apply if your house was on the market. On the other hand you can make a General Power which does not contain any limitations thereby enabling your attorney to do anything on your behalf until such time as you revoke the document. Revocation can be implemented at any time and would happen automatically if you were to lose your mental capacity for any reason. Although such documents have to comply with some statutory requirements they are relatively straightforward. Bridge McFarland are happy to advise and prepare them at short notice. They only need to be signed by the person making them although we do have to be provided with the full names and addresses of those concerned.

Lasting Powers of Attorney can also be limited as to purpose and time (but they need not be). However, unlike a General Power they will continue to be effective if mental capacity is lost for example because of illness, injury in an accident or old age. They are commonly used by elderly clients to enable relatives and carers to help them to look after their affairs. There are very good arguments for saying that everybody with assets and responsibilities should put one in place in case of unexpected difficulty. Younger clients will often sign a Power of Attorney drafted in such a way that it will only become effective if they do lose their mental capacity.

Lasting Powers have to be registered at the Court of Protection after close relatives have been advised of the position. This can usually be done by post and again Bridge McFarland can help with the registration process. The firm has also been involved in cases where relatives wish to challenge the validity of a registration and have needed representation.

The Court of Protection also administers the affairs of individuals who have lost the capacity to manage their affairs without having executed an Enduring Power or Lasting Power of Attorney. A Receiver is appointed and will act together with the Court and under their direction in connection with simple day to day matters. Although the Court will do everything within its powers to ensure that everything is done as simply and as efficiently as possible there are formalities that have to be complied with and costs will be incurred. The Private Client lawyers at Bridge McFarland can assist with applications and the ongoing administration of affairs in these circumstances. They will also advise that clients who have made an Enduring Power of Attorney are much better placed if unfortunately they subsequently encounter difficulties.

E: attorney@bmcf.co.uk