Will Writing Service | Manchester & Huddersfield

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Power of attorney refund scheme launched

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A refund scheme for those who have been overcharged for their power of attorney fees was launched on the 1st February 2018.

In an announcement made by the Ministry of Justice (MoJ), the refunds are being offered to those who may have been charged more than was necessary when they applied to register for powers of attorney between 1 April 2013 and 31 March 2017.

According to the MoJ, the process to register for enduring powers of attorney became more efficient during this period and as a result, operating costs for the Office of the Public Guardian came down. However, the fee charged for the application did not reduce in line with this. The fee was subsequently lowered by the MoJ, a change which came into effect 1 April 2017.

In an announcement made by the Ministry of Justice (MoJ), the refunds are being offered to those who may have been charged more than was necessary when they applied to register for powers of attorney between 1 April 2013 and 31 March 2017.

Plans to repay those who were overcharged were originally announced in July last year. At the time, the expected total was around the £89 million mark.

According to the MoJ, the process to register for enduring powers of attorney became more efficient during this period and as a result, operating costs for the Office of the Public Guardian came down. However, the fee charged for the application did not reduce in line with this. The fee was subsequently lowered by the MoJ, a change which came into effect 1 April 2017.

Now, they have launched a refund scheme for those who paid the higher fee during the qualifying period.

Claims for full and partial refunds can be made by the donor via an online service, with only one form needing to be completed for each.

The Ministry of Justice has confirmed that the number of applications eligible for the refund is around 1.7 million.

A number of regulatory organisations and professionals from within the sector have shared their thoughts on the launch of the refund scheme.

“We are delighted that the Ministry of Justice has launched a refund scheme to reimburse customers for the overcharging of registration fees of Powers of Attorney, which extends back to 1st April 2013.  This will affect customers who registered documents between 1st April 2013 to 31st March 2017, who will now have to seek a partial refund of the fees that they paid.

 We encourage anyone who has been overcharged in the last four years to apply for their partial refund, by online application or a telephone call, to the OPG.”

For those who believe they are eligible, claims can be made here: www.claim-power-of-attorney-refund.service.gov.uk

New Online Will Writing Services

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Abbey Broadway are please to offer potential customers to make their Wills online using our new state of the art will writing software

Why use us?

  • No complicated forms – just simple questions.
  • All Wills are checked by a qualified will writer.
  • Covered by Professional Indemnity Insurance up to £2.5 million.
  • 100% legally valid document.
  • Free updates to your will online.
 

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Is it Legal?

Many people worry about the legality of preparing a will without using a solicitor. However, provided the Will is correctly worded, signed and witnessed it is a fully legal document regardless of who wrote it.

Furthermore the will does not need to be signed by a solicitor – it can be witnessed by almost any two adults provided they are not beneficiaries of the will.

 

How does it work?

We have simply automated an age old process followed by solicitors drafting Wills all over the country. This allows us to provide you with a totally legal document at a substantially lower cost in a short period of time.

The Will document you create using our site will contain the same standard clauses and be just as legal as one written by a solicitor.

While preparing your Will online, you can stop at any point, and simply return at a convenient time to log in and continue where you left off. Having completed your Will with us, you can return to the site at any time in the future and make alterations and updates at absolutely no extra charge.

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NHS Staff Discounts- Supporting our NHS staff

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We are pleased to offer current NHS staff a discount of 10% on our fees, for all of our Will writing services. We are also happy to offer a discount on our legal fees for drafting wills and powers of attorney and setting up and administering trusts

Will writing: 5 things you should keep in mind

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5 key points all clients should keep in mind when writing a will…

A survey from Unbiased recently found about 60% of the UK adult population do not have a will in place. The same percentage thought they did not have sufficient assets to make it worthwhile – this common misconception, alongside a lack of understanding, is leaving many beneficiaries in financial distress.

With proper preparation and the right legal advice writing a will needn’t be a process clients should dread.

Here are five key points to share with clients about the importance of making a will.

1. Seek Professional Advice

Writing a will is a complicated and time-consuming process. Unless you are writing a simple will in which you are leaving all you own to your husband/wife or children it is best to seek advice from will writing service or solicitor. 

Using a specialist will writing service will cost you around £75 to £150. If using a solicitor, you can expect to pay between £150 and £300 for a single will. Any will, including mirror wills will cost you extra. 

It is important to remember that whilst £150 plus might seem like a large amount of money, setting up a professional will can safeguard your future and save you possibly thousands of pounds in tax later in life.

2. Types Of Will 

There are many different wills that you can choose from depending on your circumstances. Four of the main ones are: 

  • Single will – This is your standard will, ideal for people who are unmarried or those who are but have different requests to their spouse.
  • Mirror wills – This is a set of two mirroring wills that have identical instructions. It is more cost effective and less time consuming than creating two single wills. You must use mirror wills with caution however as the wills are legally binding themselves but do not legally bind the husband’s will to the wife’s will.
  • Living will – A living will is slightly different to the previous three, it allows you to give instructions about your care when you are still alive if you are taken ill and unable to communicate them yourself.

3. Mistakes Can Make Your Will Or Gift Invalid 

The most common mistake people can make when writing a will is to not have two witnesses present when the will is being signed this will make your will invalid.

You cannot benefit from any will you have witnessed, nor should your beneficiary witness your will. Although this will not make the will invalid, if a beneficiary witnesses the will or is married to a witness, the gift is void. 

If the will is declared invalid the laws of intestacy will apply. This states that in the event of your death, your spouse or civil partner will receive up to £250,000 of your estate with the rest put in a trust and split between your spouse or civil partner and any children you have. 

If you have no children, your spouse will receive up to £450,000 and any siblings you have will split the remaining money on your estate should you have any.

4. Set Up A Lasting Power Of Attorney

When writing your will it is also worth considering assigning your lasting power of attorney (LPA). A LPA is an additional legal document that guarantees your interests can be taken care of by a relative or trusted friend if you become unable to look after them yourself.  

There are two types of LPA’s 

  • A property and finance LPA is the legal document that allows your attorney to make decisions about your money, tax, bills, property, pensions and investments. Your attorney has the power to look after your home and buy everything you might need day to day.
  • A health and welfare LPA is the legal document that allows your attorney to make decisions about your health, medical care, daily routine (washing, eating etc) and where it is best for you to live. They also have the power to buy you new clothes, decorate your home and secure you extra care if required.

If you do not assign a LPA, in the event of you becoming incapacitated, your loved ones will have to go through the Court of Protection to gain these permissions.

This is a difficult and costly process and can be avoided by proper preparation, saving you money and more importantly stress during such a difficult time. 

5. The Effect Of Marriage And Divorce On Your Will

When you marry, any will that you have in place automatically becomes invalid. After you marry you should always create a new will or create a new one just before you marry and make clear that it was made in contemplation of forthcoming marriage.

You must include words along the lines of ‘in anticipation of marriage to (insert name)’ or in contemplation of marriage to (insert name)’. Any beneficial entitlement to the ex-spouse is void unless the will expressly states that it should remain.  

Don’t let a lack of understanding stop you from securing your loved one’s financial future. There are huge benefits to having a will that vastly outweigh the time it takes to get the recommended preparations in place.

Understanding the probate process and why auction works

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Handling the estate of a loved one who has passed away is often a sensitive issue at a difficult time. Ensuring the disposal of any assets is as simple and pain free as possible can make all the difference. We often sell property of those that have passed away on behalf of their family at our auctions. Here are some popular questions answered.

What does probate mean?

Probate is the term used to describe the legal process of proving and registering the last Will of someone who has died. This is often done by a family member, friend or partner. A ‘grant of probate’ must be obtained before any assets, including property, can be distributed in accordance with the Will. It is usually the executor of the estate who will administer the estate and handle the disposal of their assets and debts.

Where do I start and who is the executor of the estate?

Before this probate process can begin and a grant of probate obtained, the executor of the estate will need to be determined and lodged with the Probate Office. An executor of the estate is traditionally named in a Will and is often a family member; on occasion, a solicitor may be named as a co-executor. In instances where there is no Will, an administrator will need to be established.

How long does it take?

It usually takes between two and 12 weeks to receive a grant of probate. Only when the grant of probate is received can a property be sold or transferred to a beneficiary. However, a property can be marketed for sale during this time with a delayed completion.

What happens if not all beneficiaries agree on what to do with the property?

When there is more than one beneficiary involved, conflicting views can sometimes arise when handling or selling a probate property. While the views of all beneficiaries should be considered, it is ultimately the responsibility of the executor to administer the estate in accordance with the law. Disputes, such as whether to sell a property, or rent it out, will have to be resolved in court. In regards to this example, unless there is considerable evidence that a property will increase in value over time, a court may find in favour of a sale rather than a letting.

Selling an estate at auction

Probate properties are particularly well-suited for sale by auction. Most people want to sell the property as quickly and efficiently as possible. Selling at auction not only facilitates a fast sale, meaning beneficiaries can receive their share of the estate quickly, but it also supplies the best price at the culmination of an extensive marketing campaign.

Probate properties are also often in need of refurbishment and modernisation. Fixer-uppers always do well at auction, often selling above guide price to buyers looking for opportunities for renovation projects. Furthermore, probate properties are very often fresh to the market, which increases their appeal.

Executors regularly use public auction for the increased transparency and fairness they offer. The transparent way in which a property is marketed and sold ensures that the executor cannot be accused of any foul-play, such as under-selling.

In addition to our residential and commercial property auctions, we are experienced in handling, splitting and managing the sale of small and large property portfolios as required and advising on the best route to market. Should you have a property to be appraised for auction we would be happy to supply our recommendations and advice on saleability.

Govt sets out new rules on Funeral Expenses Payments

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The Government sets out new rules on Funeral Expenses Payments

The government has announced several changes to the eligibility conditions relating to the Social Fund Funeral Expenses Payments scheme that will take effect from 2 April.

Under the changes, claimants will be able to receive contributions from charities, relatives or friends without them being deducted from the overall sum payable towards funeral costs.

Additionally, from April, claimants can make an application within six months of the funeral date for help with funeral costs instead of the current three months. They will also have the option of submitting any evidence needed in support of their claim electronically.

Royal London funeral cost expert Louise Eaton-Terry said the changes were welcome, but missed the mark on the “biggest issue” facing bereaved families.

“It’s good to see small changes being made to the Funeral Payment process but the government has ignored the biggest issue,” she said. “Funeral costs continue to increase above inflation year on year, with our research showing that bereaved families who qualify for the fund face a shortfall of more than £2,000 to cover the cost of a funeral.

“While these reforms are a step in the right direction, they fail to address the value of the award, and we want the government to go further and commit to increasing the social fund funeral expenses payment.”

According to Royal London, the average cost of a funeral in the UK is £3,784 – an increase of 3% from 2016, and those who struggle to pay funeral costs take on an average debt of £1,680.

The Importance of having a Will and Lasting Power of Attorney

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Wife of PC locked in a coma fights in the court to let him go

After 22 years of marriage Mrs Briggs finds herself  making the last act of love to her husband Paul Briggs.Mr Briggs a police officer had been in a coma for 18 months after her was knocked off his motor bike.He had shown no sign of regaining full consciousness, his intellect and his emotions trapped in an unreachable shadowland

To condense the case and to highlight the need for having a will and  granting lasting powers of attorney .. His wife has just won a heartbreaking legal battle against the NHS doctors and Government Lawyers.They believed in the sanctity of Mr Briggs life, whilst his wife insisted that he would want to die

While the case of Briggs versus Briggs is one family’s tragedy, it is now the crux of a national argument about who speaks for someone when they cannot: their family or the state

Mr Briggs official diagnosis is that he is “minimally conscious”. Doctors believed at best he may one day become conscious enough to know pleasure and pain- Mr Briggs family argued that this was semantic and that Mr Briggs will never attain any kind of life he would have considered worth living prior to his accident

The case brought by Mrs Briggs was heard in the Court of Protection – a court dedicated to mental health cases which has the same authority as the High Court . Usually doctors seek the court order which permits a coma victim to die. Since Mr Briggs NHS care team refused Mrs Briggs brought her own action which the Trust opposed

It was described by the judge as “a central clash of principles” in human terms, it was also a life and death fight between husband and wife, with Mr Briggs represented by the  Official Solicitor, the Government Lawyer who acts for people who are unable to act for themselves.

If there had been a document, a statement of his wishes, Mr Briggs death would have been non negotiable, but he didn’t have one so you would assume that that his wife would be able to speak for her husband and be their voice, its shocking to find that they are not.

Crucially in this case Mrs Briggs was clear about her husband wishes even though they were not documented and codified. As a police traffic officer he had experienced horrific accidents, decapitations, serious burns , the dead and more chillingly victims who ended up with devastinging brain damage.His thoughts  was that in those situations it would have been kinder if they had just died at the scene

In summary to this sad case judgement was delivered in December 2016 when the Judge agreed that given Mr Briggs current condition and bleak prognosis Mr Briggs was allowed to die leaving Mrs Briggs to make this her last act of love towards her husband.

What Mrs Briggs hopes for anything: it is that more people will write living wills setting out their wishes should they be like her husband unable to express them.She has found out in the most painful way possible that “next of kin” has no meaning in this context

Educating carers about the benefits of an LPA

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Over three-quarters of carers may not be aware of the benefits of an Lasting Power of Attorney.

This is despite the drastic benefit it could have later down the line, providing the carer with the ability to act in the best interests of the person that they care for, should they lose capacity.

The two kinds of Lasting Power of Attorney are designed to deal with decisions relating to the differing aspects of someone’s life. It may be recommended that both the ‘Property and Financial Affairs’ and ‘Health and Welfare’ LPA are taken out in order to ensure consistency in regard to decision making.

The former can only be used by the attorneys when the person has lost capacity, in order to make the relevant decisions within a reasonable time in light of the circumstances. In contrast, the latter can be used by the attorneys at any time with the donors permission. It will also remain valid if the donor loses capacity, provided the individual has specified this.

As well as everyday decision making, the appointed carer will have the ability to carry out life changing decisions for the person who has lost capacity, including treatment and finances.  As well as enabling them to provide formal and practical support, an LPA can also provide a carer with confidence in the decisions that they make.

However, despite the benefits, Lasting Powers of Attorney (LPA) are often dismissed by carers, on the basis that they’re complex or expensive. Given the serious powers than an LPA awards, drafting one does take a little time, but according to carers who have taken them out, this cost is more than outweighed by the benefit. The same applies to expense; the Office for the Public Guardian has lowered the cost of taking out an LPA, with an exemption available for those on lower incomes.

Commissioned by the Carer’s Trust, a recent survey by YouGov revealed that 82% of respondents had not made an LPA. This suggests a lack of awareness around the benefits of an LPA and the peace of mind it can bring to someone who simply wants decisions to be made in the best interests of a loved one.

Educating clients is essential when it comes to Lasting Powers of Attorney. Whilst the benefits of writing a will are often known, understanding around the benefits of an LPA may be less common.

A guide to the Mental Capacity Act providing further information for carers can be accessed here.

 

This article was amended on 25/07/17 in regard to when the different types of LPA can be used. 

Supporting you in making your Will

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will writers in stockportYou’re never too young or too old to plan your Will. It’s not just about money.. making your Will is also about knowing the important sentimental things in your life go to the one’s you want them to, no bad feelings and falling out.
It’s so difficult sometimes to know where to start and that’s why it’s so important to choose the person who takes down your wishes with care.

professional will writersThey should be professional and experienced; and preferably belong to a professional body to ensure they are up to date with legal and best practice in the industry.

Importantly the person you choose should care about you and ensure your Will fully meets your wishes.

CALL 0800 368 9770 and let us know when it will be convenient for us to call you back to discuss how we can support you in this important decision.

Writing your Will, Will writers in Manchester, Will writers in Stockport, online wills, 

Single parents offered discounted wills

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Single parents offered discounted wills

SINGLE parents are being offered the opportunity to have a heavily discounted will written to protect their children’s future. Abbey Broadway, is once again hosting Single Parent Month throughout January. Research has shown that single parents are one of the most likely groups not to have a will and Abbey Broadway is keen to change this.

We are offering single parents throughout the UK a chance to have their will written at a greatly reduced cost in the hope it will make them think about their children’s future and ensure, should anything happen to them, their children’s’ welfare is assured and that they would be entrusted to the person that they want to care for them, instead of leaving it to chance.

Abbey Broadway’s Jayne Hayward, said: “As parents with young children most of us never think about dying but sadly not all parents live long enough to see their children grow up. For single parents particularly, a will is the most important thing you can do for your children to ensure that guardianship and trusts are put in place should the unthinkable happen before your child is 18.

Throughout the month of January, our consultants across the country will be offering to write a single parent’s will for a fixed fee of £80.00 regardless of circumstances.

For further information about this initiative, or to book an appointment , please contact us on 0800 368 9770 or email info@abbeybroadwayquickwill.co.uk

The UK Will Writers Network

The UK Will Writers Network are an Independent group of professional Will Writers and Solicitors providing a service covering the whole of the UK experienced in all aspects of Wills and Estate Planning

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