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At Cottingham Legal, we analysise the information you provide and ensure your Will meets your needs and requirements.
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Getting the right Will is important and here at Cottingham Legal we are here every step of the way.
As a small team of specialists, we pride ourselves in making sure your Will reflects your wishes.
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Lasting Power of Attorney
Making a Lasting Power of Attorney does not mean that you can no longer make decisions for yourself. The purpose of these documents is so that if you are unable to make decisions in the future, your attorney can make these decisions for you. It does not mean that from the moment you complete the forms your attorney takes over making decisions for you.
Some real life examples
Iris’ husband died last month, will she need to apply for probate?
If Iris’ husbands’ assets were jointly held with Iris then probate will not be required however, if he has his own accounts and investments it is likely that probate will be require before these can be cashed in.
Robert & Donna aren’t married and do not have wills.
If there is no will in place and either Robert of Donna die then any assets that are not held jointly will pass via the intestacy rules and Donna will not receive anything. Cohabiting couples do not have a legal right to receive their partners assets on death. If Robert had made a Will he could make sure that Donna was provided for.
Robert and Donna aren’t married and have 1 child ‘Alfie’ who is 2 – they do not currently have a Will.
If Donna dies first then any assets that are not held jointly will pass via the intestacy rules and Alfie will inherit. Donna’s administrators will be required to hold Alfie’s inheritance until he reaches the age of 18. Unfortunately, as Donna did not have a Will, Robert would not inherit directly from her estate.
Gary and Gemma are due to marry next month.
Both have valid Wills in place and are happy in the knowledge that if one of them should die, their Wills direct assets to each other.
Under UK law, any pre-existing will is revoked when you marry and so it is advisable that both Gary and Gemma have new Wills drafted.
Jenny and Graham are married and have a 5-year-old daughter – neither of them have a valid Will.
If both Jenny and Graham die without a Will which appoints a guardian then any child under the age of 18 will become the responsibility of the Court.
If you have parental responsibility for your children, then you can appoint a guardian (or two if it is a couple) for your children in your Will. This way, you can be sure that your children will be looked after by the people you choose, not left to chance or up to the Court to decide.
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Kayleigh and Kris are married with 2 children.
Kris is not the natural father of the 2 children and Kayleigh wishes to make sure that, when she dies, that her children inherit should Kris form a new relationship.
By having a Will in place, Kayleigh can make sure that her children receive inheritance and are not disinherited.
Daphne and Benjamin both own a property jointly and want to protect their property for their children in the future.
Where a property is jointly held, when one party dies, the property passes to the survivor. If the survivor goes in to care this property could be sold to pay for care home fees. Daphne and Benjamin can have Wills drafted which include trusts. This would ensure that if the survivor of them has to go into care then a share (usually 50%) of the property is protected from being taken into consideration for care home fees.