Experts in Wills and Probate Law including Court of Protection and Deputyship

The advantages of making a Will include:

1.  You can choose who will act as executor.
2. You choose who will be guardian and trustee for your children.
3. You can obtain advice about Inheritance Tax planning.
4. You can leave legacies to charities, friends and family members.
5. You will ensure that your estate passes to the right people.
6. If you are in a second marriage, you can provide for your spouse and ensure that your estate passes to children from an earlier marriage on their death.

If you fall into any one or more of the following categories, you can make a claim against an estate:

• Spouse
• Former spouse (provided they have not subsequently remarried)
• Children of the deceased
• Children of the deceased’s spouse
• Any person being maintained, either wholly or partly, by the deceased immediately before their death.
• Any person living in the same household as the deceased for two years immediately before the death, as their spouse.
• All references to a spouse also include a civil partner.

If you’re within any of these categories, then up to six months from the date that probate is granted, you can bring a claim for financial provision. That is not to say that you would be successful, merely that you fall within the category of people who could bring a claim.

Several life events may require you to update or review your Will. For example:

• Marriage automatically revokes a Will, and so if you get married or remarried, that would be a time to make a new will.
• If you separate from your partner or get a divorce and had made provision for them in your Will, that would be a time to update your will.

Other times when we would advise you to review or update your Will include:

• Buying a new property
• Starting a family
• Inheriting money, land or property
• The acquisition of business interest.

You may also need to update your Will if:

• A beneficiary named in your Will dies
• The law has changed in such a way that would affect the terms of your Will.

Regardless of life events, we recommend that you review your will at least every five years to make sure that it still reflects your wishes.

The Court of Protection assists people who lack mental capacity. The court makes decisions for them about their finances and their health and welfare.

This court was set up to safeguard vulnerable adults who lack mental capacity and also children who are likely to lack capacity when they reach the age of 18.

The court decides if a person lacks capacity, appoints Deputies and deals with applications to approve certain expenditure such as a property purchase, make payments for care to a family member and set up a Will for the incapacitated person.

The court deals with disputes that arise between family members and deputies. The court safeguards the interests of the incapacitated person and protects them from exploitation.

A deputy is appointed by the Court of Protection to act for a person who lacks mental capacity to manage their finances. The role of the deputy is similar to a trustee.

The deputy must always act in the incapacitated person’s best interests. They must take into account the person’s wishes and feelings, and beliefs and values. The deputy must always choose the option which gives the person the most freedom and autonomy.

There is another type of deputy who will deal with Personal Welfare and they make decisions on medical treatment and how someone is cared for. Hodge Jones & Allen Deputyship Solicitors only act as Property & Financial Affairs Deputies.

A deputy can be a family member or a professional. The court may appoint a sole deputy or two deputies to act together.

The deputy has numerous financial duties:

• They must keep the deputyship funds separate from their own personal funds.
• They must keep proper records and accounts.
• They must keep the assets safe and insured.
• They must invest funds so as to achieve the best possible return.
• They must claim all benefits and money due.
• They must budget carefully to ensure that the money lasts for as long as it is needed.

The work of the deputy is supervised by the Office of the Public Guardian (OPG). The deputy has to file annual reports and accounts with the OPG.