Writing a will? Power of attorney? Advice needed please.

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Found 14th Nov 2017
Hi, my husband and i need to sort a will out. We have 2 young children and own 60%LTV on our house, no other debt so it's not too complicated. Initially I was planning on doing it myself by using an online template however I'm not feeling confident and would hate it to be invalid (for the kids sake) if something did happen.

Two questions:

Do we both need a will plus a lasting power of attorney?

Where do I start with finding a qualified solicitor or will writer? Obviously we'd like to pay the least we can but have it done correctly.

Thanks in advance.
Hayley

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If you are a member of a trade union they may have a free will writing service. I would also suggest you contact the pension scheme you pay into (if applicable) to see if you have made a nomination for any death benefits.

Sorry forgot to mention that a will and power of attorney are two separate documents so yes you would need both

For power of attorney you can use the official government site (https://www.gov.uk/power-of-attorney) which has the form online, complete each section then all you need to do is print it and send it. You can even pay the fee online which is £82. Did this recently for my mum and dad and is quite straight forward.

Original Poster

Ah ok, thank you. We are both members of the trade union Unite so I will contact them initially. Also will look into our pension scheme. Thanks a lot Sandypie.

smargetts23 m ago

For power of attorney you can use the official government site …For power of attorney you can use the official government site (https://www.gov.uk/power-of-attorney) which has the form online, complete each section then all you need to do is print it and send it. You can even pay the fee online which is £82. Did this recently for my mum and dad and is quite straight forward.

This^^^ we did the same for my in-laws all straight forward and very easy to understand with useful tips to help you along the way.

As mentioned above they are separate documents, but a lot of will writers/Solictors tend to offer ‘package prices’ if you're doing both Wills & LPAs.

“Need” will always equal “yes” which a lot of people believe is just a selling tactic but it isn’t really as you ideally are put a Lasting Power of Attorney in place to protect your “life”, where as a Will it’s to ensure your money goes to where it ought to. So if you’re making a Will you might as well make an LPA because to some degree the reasons for making a will and a LPA is the same as the way I think of it as controlling what happens, but of course it depends on finances at the time.

You can always come back later and set up LPAs and just get the Mirror Will but they’re definitely worth having.

Property and Financial LPA is the big one, but both can be done online but each document individually has a registration fee of £82 and if it fails £41 for each further attempt to re-register if it fails for whatever reason.

They usually are smooth to fill out providing there’s been no diagnosis to do with the brain but if there is then it’s worth employing someone to write them up. You should always register it now even if it won’t be used instantly by your attorneys because if the need for them to use it suddenly arises there’s no wait for it to be approved (or risk of it failing, as it would be too late if it was deemed you had lost capacity).

gov.uk/pow…ney

LPAs are costly though. Solicitors tend to be at least £1000+ for a married couple completing both LPAs and Will Writers can be anywhere from £700+ in the research I did for my area!

Society of Will Writers list all their members and is a good place to look willwriters.com/mem…rs/

Some companies do have links to a network Will Writer depending on the industry you both work in so it is worth asking.

Same with the Institute of Professional Will Writers ipw.org.uk/dir…ory

If you want to DM me your area I could be able to recommend someone but they only service the Derbyshire area.

Gynx8 m ago

As mentioned above they are separate documents, but a lot of will …As mentioned above they are separate documents, but a lot of will writers/Solictors tend to offer ‘package prices’ if you're doing both Wills & LPAs. “Need” will always equal “yes” which a lot of people believe is just a selling tactic but it isn’t really as you ideally are put a Lasting Power of Attorney in place to protect your “life”, where as a Will it’s to ensure your money goes to where it ought to. So if you’re making a Will you might as well make an LPA because to some degree the reasons for making a will and a LPA is the same as the way I think of it as controlling what happens, but of course it depends on finances at the time. You can always come back later and set up LPAs and just get the Mirror Will but they’re definitely worth having. Property and Financial LPA is the big one, but both can be done online but each document individually has a registration fee of £82 and if it fails £41 for each further attempt to re-register if it fails for whatever reason. They usually are smooth to fill out providing there’s been no diagnosis to do with the brain but if there is then it’s worth employing someone to write them up. You should always register it now even if it won’t be used instantly by your attorneys because if the need for them to use it suddenly arises there’s no wait for it to be approved (or risk of it failing, as it would be too late if it was deemed you had lost capacity).https://www.gov.uk/power-of-attorney LPAs are costly though. Solicitors tend to be at least £1000+ for a married couple completing both LPAs and Will Writers can be anywhere from £700+ in the research I did for my area! Society of Will Writers list all their members and is a good place to look https://www.willwriters.com/members/ Some companies do have links to a network Will Writer depending on the industry you both work in so it is worth asking. Same with the Institute of Professional Will Writers https://www.ipw.org.uk/directoryIf you want to DM me your area I could be able to recommend someone but they only service the Derbyshire area.


Wow! Are you angling to get into the OP's will

tempt1 m ago

Wow! Are you angling to get into the OP's will




All gifts are accepted.

Personally I wouldn't over complicate things. One spouse would normally be the next of kin for the other and you shouldn't need power of attorney until or unless there is a question of incapacity. There are people that will charge you hundreds for something when you could pretty much do it yourself. In the past ten years I have dealt with four intestate estates including that of my own husband. It isn't pleasant but it isn't too difficult. I wouldn't say don't make a will, I would say don't feel it has to be ridiculously hard.

Original Poster

Gynx47 m ago

As mentioned above they are separate documents, but a lot of will …As mentioned above they are separate documents, but a lot of will writers/Solictors tend to offer ‘package prices’ if you're doing both Wills & LPAs. “Need” will always equal “yes” which a lot of people believe is just a selling tactic but it isn’t really as you ideally are put a Lasting Power of Attorney in place to protect your “life”, where as a Will it’s to ensure your money goes to where it ought to. So if you’re making a Will you might as well make an LPA because to some degree the reasons for making a will and a LPA is the same as the way I think of it as controlling what happens, but of course it depends on finances at the time. You can always come back later and set up LPAs and just get the Mirror Will but they’re definitely worth having. Property and Financial LPA is the big one, but both can be done online but each document individually has a registration fee of £82 and if it fails £41 for each further attempt to re-register if it fails for whatever reason. They usually are smooth to fill out providing there’s been no diagnosis to do with the brain but if there is then it’s worth employing someone to write them up. You should always register it now even if it won’t be used instantly by your attorneys because if the need for them to use it suddenly arises there’s no wait for it to be approved (or risk of it failing, as it would be too late if it was deemed you had lost capacity).https://www.gov.uk/power-of-attorney LPAs are costly though. Solicitors tend to be at least £1000+ for a married couple completing both LPAs and Will Writers can be anywhere from £700+ in the research I did for my area! Society of Will Writers list all their members and is a good place to look https://www.willwriters.com/members/ Some companies do have links to a network Will Writer depending on the industry you both work in so it is worth asking. Same with the Institute of Professional Will Writers https://www.ipw.org.uk/directoryIf you want to DM me your area I could be able to recommend someone but they only service the Derbyshire area.

Wow, thanks a lot for the information!

Your local solicitors will be able to do your wills. Costs depends on how complicated the will is i believe. You each need to make a will. Doing it yourself is no good as it can be challenged

power of attorney is not needed unless one of you lose capacity. So no immediate need.

Original Poster

mutley116 m ago

Your local solicitors will be able to do your wills. Costs depends on how …Your local solicitors will be able to do your wills. Costs depends on how complicated the will is i believe. You each need to make a will. Doing it yourself is no good as it can be challengedpower of attorney is not needed unless one of you lose capacity. So no immediate need.

Thanks! How does anyone know that they're not going to lose capacity by means of an accident for example? If I create one now, will it last me throughout my whole life? If so, it's probably worth making one now anyway, even though the risk is low.

OP, please please please make sure you and your husband get your Wills prepared by a qualified solicitor. Will writers are not regulated. Anyone can call themselves a will writer but in fact have no training, qualifications, knowledge or experience to do the job properly. Search for a solicitor specialising in will preparation here: solicitors.lawsociety.org.uk . Even better if they are STEP qualified step.org/cod…lic . Yes, it will cost you more than what a will writer would charge, but by using a qualified solicitor you are guaranteed a professional service from a person who is qualified to do the job at hand. Solicitors are regulated by the Solicitors Regulation Authority, have at least £2 million of professional indemnity insurance and contribute to a compensation fund. So if things go wrong, your family/beneficiaries have redress.

Source: I am a STEP qualified solicitor specialising in wills (amongst other things).

hfullwood37 m ago

Thanks! How does anyone know that they're not going to lose capacity by …Thanks! How does anyone know that they're not going to lose capacity by means of an accident for example? If I create one now, will it last me throughout my whole life? If so, it's probably worth making one now anyway, even though the risk is low.


Correct. Property and Financial Affairs LPAs are very useful, even if the donor still has capacity (e.g. you are on holiday abroad, home emergency, attorney in the UK can act on your behalf). Don't forget the Health and Welfare LPA. Much more popular now that people finally realise that doctors/medical staff do not have to consult family(not even your husband) if they need to make decisions. However, if there is a H&W LPA Attorney and the doctors know this, they must consult the attorney/s (often family members). Don't let anyone tell you that 'next of kin' will always be consulted. Next of kin does not mean anything legally. A next of kin can be an unrelated neighbour! Anyway, as already pointed out, you can do your own LPAs online on the OPG website. Just make sure you get all the details right (or ask a solicitor or legal advisor at your CAB to check it over).

hfullwood50 m ago

Thanks! How does anyone know that they're not going to lose capacity by …Thanks! How does anyone know that they're not going to lose capacity by means of an accident for example? If I create one now, will it last me throughout my whole life? If so, it's probably worth making one now anyway, even though the risk is low.


It won't hurt to do that but I wouldn't stress to much about it. As a spouse, you are going to be considered to best represent the intentions of your other half. There wasn't really a decision when i had to switch off life support but it was my decision not not his mother's. I decided about organ donation and anything about care if he had lived would've been my decision. Life can throw you some awful curve balls but in all honesty must of the time, life goes well not badly.

psychobitchfromhell17 m ago

It won't hurt to do that but I wouldn't stress to much about it. As a …It won't hurt to do that but I wouldn't stress to much about it. As a spouse, you are going to be considered to best represent the intentions of your other half. There wasn't really a decision when i had to switch off life support but it was my decision not not his mother's. I decided about organ donation and anything about care if he had lived would've been my decision. Life can throw you some awful curve balls but in all honesty must of the time, life goes well not badly.


Firstly, I’m sorry for your loss. Secondly, I think you ought to qualify your comment a bit. Spouses have no legal rights to be consulted when it comes to decisions relating to care or medical treatment - unless they are Health and Welfare Attorneys.It is the medical professional’s discretion whether he/she consults with the spouse or family. Clearly you were dealing with doctors who were happy to consult you as the spouse. Sadly I come across clients over and over again who realise too late that they have no say about their spouse’s or family member’s care or treatment because they thought being ‘next of kin’ would be enough. An LPA would have made all the difference.
Edited by: "Resali" 14th Nov 2017

I'd go to a proper solicitor if only because you have small children.


You need to think about what should happen if they are orphaned. Guardians? trusts? etc

Resali33 m ago

Firstly, I’m sorry for your loss. Secondly, I think you ought to qualify y …Firstly, I’m sorry for your loss. Secondly, I think you ought to qualify your comment a bit. Spouses have no legal rights to be consulted when it comes to decisions relating to care or medical treatment - unless they are Health and Welfare Attorneys.It is the medical professional’s discretion whether he/she consults with the spouse or family. Clearly you were dealing with doctors who were happy to consult you as the spouse. Sadly I come across clients over and over again who realise too late that they have no say about their spouse’s or family member’s care or treatment because they thought being ‘next of kin’ would be enough. An LPA would have made all the difference.


Oh I absolutely agree. If you are in a position to sort all this out early, then do it. Get a will. I am now widowed with two properties and a disabled son. He isn't capable of making monetary decision by himself but he is old enough to inherit the lot. It is really hard to work out who should look after him, have power of attorney etc. My situation is now quite complicated because I have to work out of who gets the kid and the estate and the responsibility if something happens to me. With regards to care, I was there and they asked me. I can't really comment more than that. It was my decision but it was not disputed. I made the decision before the rest of the family arrived. The only part of the decision that plagues me is that he wasn't on the organ donor register. He was a life long blood donor but I refused permission for them to harvest organs because I didn't know. I'll never know. I did the only thing I could. I would say get a will ,power of attorney etc and make sure people know the stuff like that but don't stress too much about it. Just telling your loved one the basics helps
Edited by: "psychobitchfromhell" 14th Nov 2017

hfullwood2 h, 37 m ago

Thanks! How does anyone know that they're not going to lose capacity by …Thanks! How does anyone know that they're not going to lose capacity by means of an accident for example? If I create one now, will it last me throughout my whole life? If so, it's probably worth making one now anyway, even though the risk is low.


As far as i am aware, and dont quote me on this, you can get power of attorney after the person has lost capacity. They dont need to have capacity to agree to you having power of attorney. When they have lost capacity, as long as you have doctors agreement, you can apply for power of attorney. It just makes it easier to get power of attorney now while the person has capacity but it costs money and you may never need it.

when i looked into getting power of attorney for my brother, the solicitor quoted just under £500 for the power of attorney. You can do it yourself cheaper online without a solicitor but it is easier through a solicitor as they can vouch for your applying for good reasons.

power of attorney doesnt have an end date but you cant use power of attorney until the other loses capacity even if you get it done now.
Edited by: "mutley1" 15th Nov 2017

I feel I need to add my two penn'orth - having had (or should that be suffered) with incapacity of a partner.


I must stress at the time of the illness, when incapacity became a major problem, we had spent almost 20 years living as common law (having no real need to want/get married - a joint decision). When incapacity hit, it hit hard and the local social gestapo....ooops I mean services decided they want authority and subsequently began to slam a heavy hammer at the foundations.


Yes we were not married and on a good day when explaining to her the ins and outs of what's going on she turned and said "Let's get f..ing married then" and we did..... but it didn't help. That heavy hammer became a JCB


It was too late to organise LPA or similar - we never thought we'd need it (as most couples would think). Luckily we both had a will from one of those online software offers and luckily the were witnessed etc and legal.


Any person, friend, neighbour or family or just someone talking about wills etc and I'll step in and tell them how much damage I have suffered - it ain't worth it.


Nobody can tell you you will remain full of health and capacity - it takes just one accident/illness and your life and that of your partners (or next of kin) can be totally destroyed not just by the accident/illness but also by the processes allowed/controlled by The Office of the Public Guardian and the local social gestapo.


Please, especially if you are in a long term relationship and more importantly unmarried, get an LPA and will sorted.


No not every Officer of the Public Guardian and/or social services employee is evil/vindictive/uncompassionate waste of oxygen but if you get someone like my wife got you will learn the hardest life's lesson that only a few have experienced before.................... and I'm telling you it ain't a place I'd wish my worst enemy.


Get an LPA and Will sorted - it's a small price to pay.

Original Poster

Im so sorry for all you've been through philphil61, I can't even imagine your pain, and sorry for your loss psychobitchfromhell.
Thank you both for the advice though, I'll make sure I do both types of LPA and a will.

Thanks Resali, I'd read the same online so when I call in the morning I will make sure I ask those questions.

hfullwood12 m ago

Im so sorry for all you've been through philphil61, I can't even imagine …Im so sorry for all you've been through philphil61, I can't even imagine your pain, and sorry for your loss psychobitchfromhell.Thank you both for the advice though, I'll make sure I do both types of LPA and a will.Thanks Resali, I'd read the same online so when I call in the morning I will make sure I ask those questions.


Thanks but please understand and I'm not being vindictive/hurtful (sometimes what I type can seem that way)

I don't need or desire anyone's sympathy although I know it's natural and part of being a real human being. I only seek understanding so that those who truly understand can make good use of my own experience. If I help one person I've done good and that is my thanks.

Hope you (and others) understand fully my response

I don't know if anyone has mentioned this before but during November there is a scheme called 'Willaid'.

willaid.org.uk/

You use your postcode to find a local solicitor participating in the scheme and use the online form to contact them, and wait for them to get back to you about making an appointment to come in and see them.

- the will writing is done through a solicitor
- the solicitor makes the will exactly as they usually would
- there is a suggested donation for the will (but if you can't afford it then don't feel like you have to)
- all money goes to charity (about 8 really good charities if I remember rightly).
- you can ask the solicitor to store the will (free service usually).


Points of note that may or may not have been mentioned:
- think about who will be your executor (person who carries out your wishes) and talk to them about if they'd be happy to do it. I've put my Dad down as one and my godfather as a back up as they're both accountants and have done it before.
- write down what you want before you go to the solicitor so you can hand over the piece of paper. For bequests, write down people's names and addresses.


I think more people should be sensible and write wills, as well as talk about it more. I don't think it's morbid to talk about what you would want to happen, I think it's important people know just in case as then your final wishes can be honoured which is a great thing.

A good will can save a lot of heartache, I know this from family experience of the opposite which caused family rifts and unbelievable upset.

Original Poster

Aw ok, I didn't know about willaid either, thanks sicklysweet.

I have contacted unite this morning who offer a free will service with BBH legal services. I've party completed the questionnaire and was just about to write the executors in until I read the following:

"Please also note that if you are appointing guardians then it is better to name one of the guardians as an executor but NOT the guardians exclusively."

Why is it best to do this?

Thanks again.

mutley112 h, 41 m ago

As far as i am aware, and dont quote me on this, you can get power of …As far as i am aware, and dont quote me on this, you can get power of attorney after the person has lost capacity. They dont need to have capacity to agree to you having power of attorney. When they have lost capacity, as long as you have doctors agreement, you can apply for power of attorney. It just makes it easier to get power of attorney now while the person has capacity but it costs money and you may never need it.when i looked into getting power of attorney for my brother, the solicitor quoted just under £500 for the power of attorney. You can do it yourself cheaper online without a solicitor but it is easier through a solicitor as they can vouch for your applying for good reasons.power of attorney doesnt have an end date but you cant use power of attorney until the other loses capacity even if you get it done now.


There is no way a power of attorney can be made after someone has lost capacity. This can only be done by the donor himself/herself whilst they have capacity. If a person loses capacity, family/friends/others can apply to the Court of Protection for a deputy to be appointed. A deputy is similar to an attorney, but appointed by the court. This person could be anyone and could end up being someone not known to the person who has lost capacity. An application for deputyship is very expensive and time consuming. By making an LPA you can decide who you want to act and when and at a comparatively low price.

HTH.

Resali23 m ago

There is no way a power of attorney can be made after someone has lost …There is no way a power of attorney can be made after someone has lost capacity. This can only be done by the donor himself/herself whilst they have capacity. If a person loses capacity, family/friends/others can apply to the Court of Protection for a deputy to be appointed. A deputy is similar to an attorney, but appointed by the court. This person could be anyone and could end up being someone not known to the person who has lost capacity. An application for deputyship is very expensive and time consuming. By making an LPA you can decide who you want to act and when and at a comparatively low price. HTH.


Very VERY true

and more importantly if you are not married. irrespective of the time you've been together,
"could end up being someone not known to the person who has lost capacity" like your local social gestapo


This is why I'm trying to put emphasis on the benefits of making a will and LPA because I fell foul of this - 20 years in a relationship meant nothing
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