Estate Legal Solutions
Our Blog
Our Blog
An ongoing series of informational entries
An ongoing series of informational entries
The Four Essential Pieces to the Estate Plan Puzzle
The Four Essential Pieces to the Estate Plan Puzzle
February 22, 2018
You may have heard of the term “estate plan”. Perhaps you know it has something to do with writing a Will. But what exactly is an estate plan and how do you set one up?
At Estate Legal Solutions we believe in keeping it simple. An estate plan is essentially a set of documents that helps you to control your health and wealth when you are alive and take care of your financial affairs after you have passed away. There are four documents that form a complete estate plan.
- Last Will and Testament
- Lasting Power of Attorney for Health and Welfare
- Lasting Power of Attorney for Financial Affairs
- Funeral Plan
These are the four pieces of the puzzle that once brought together should make your estate plan complete. Of course there are other legal services that will compliment the above documents however these four pieces are vital.
At Estate Legal Solutions, we want to help you to organise your estate plan by providing easy to follow advice and to complete any necessary legal documentation on your behalf. You don't have to complete your estate plan in one sitting, you can work on it over a period of a few weeks. With our help we can make this easy and stress free. So why not get started now and ensure that your loved ones are not left with horror at the complete mess you were to leave behind if anything were to happen to you.
Your estate plan is not really about you; it’s a caring act for your family and the people you are leaving behind.
A Business Lasting Power of Attorney
A Business Lasting Power of Attorney
January 24, 2020
Most people are aware that there are two types of Lasting Power of Attorney documents (LPAs).
The decisions that you allow your attorneys to make can be either in relation to your finances, for which an LPA for Property and Affairs will be created, or in relation to your personal life, where an LPA for Health and Welfare will be created.
As a business owner, it’s important to consider what would happen to your business if you were unable to make decisions. Who will authorise the payment of bills, sign cheques, service a business loan or pay salaries? Don't assume that a family member or a business colleague will gain the authority to make these decisions on your behalf – this assumption could leave your business exposed to risk.
Additionally if you have an LPA for Property and Finances already it may not be appropriate for this person to also make decisions in relation to your business too. Capability, conflicts of interest, requirements of regulatory bodies, insurance and the partnership agreement or articles of association are just some reasons why this may not be possible or, indeed, advisable.
If you are a sole trader it is extremely advisable to get in touch and ask us about Business LPAs. If you are a director or a partner you must ensure that the company articles and any other agreement between partners/shareholders etc, allow the appointment of Attorneys in their absence. If this is not the case, these MUST be changed first to allow delegation or it could mean the winding up of a business.
What is a Protective Property Trust I hear you say?
What is a Protective Property Trust I hear you say?
August 2023
If you're married or cohabiting with a Mortgage than this is definitely a Trust you should consider. A PPT is a two part process; a Will and a Severance of Tenancy (if needed) on the property to protect each half independently.
It is likely that you own your property as 'Joint Tenants' and when one person dies it will automatically pass to the other.
A Protective Property Trust (PPT) requires the property to be held as 'Tenants in Common' instead of 'Joint Tenants' and as such each party owns a percentage share of the property (typically 50%) which will pass according to their Will no matter what.
Does it leave the survivor without a home? No. It puts the deceased's share of the house into a PPT allowing the survivor to stay in the property as a life tenant, they can move if they want to but essentially the deceased's share of the property will eventually go to who they want it to, normally the children.
This stops sideways disinheritance. A spouse can remarry but without a PPT, everything could go to the new partner or new children if applicable.
Does it affect the mortgage on the property? No. Your mortgage will continue as usual.
Another major benefit to a PPT is care fees. Nobody wants to see their lifetimes work being dwindled by their care fees later on in life. A PPT can ringfence 50% of your property so that it will definitely pass to your children and not be eaten up by the State.
Even if you're still a bit confused by the above, don't hesitate to get in touch and your local representative will be happy to discuss it with you further.
Why Choose Estate Legal Solutions?
Why Choose Estate Legal Solutions?
December 01, 2017
Estate Legal Solutions is set up by an independent Will Writer and Legal Advisor.
You are guaranteed to get professional attention to detail but without all the legal jargon.
We pride ourselves on our friendly, flexible approach, often making appointments at weekends if it make it easier for our Clients.
You will have the same point of contact all through your matter and will not be passed all over the place like many big law firms.
Due to being a smaller entity our prices are also lower than your local solicitor and yet the quality is still the same if not better as we take more time getting to know you and what's best for you.
We have Professional Indemnity Insurance of £2 million — and we are always happy to provide references if required
Go on, give us a call and you will be pleasantly surprised. There's no pushy sales people, just honest advice that suits your needs.