DIY Wills - Don't do it!

We live in a society where, to save money, we attempt tasks ourselves that really should be undertaken by professionals.

You may have seen (and possibly heard) about home improvement DIY disasters. People make a living from creating cartoons relating to such disasters, but have you ever considered what may happen if you attempted a DIY Will? A Will than can be purchased "off the shelf"?

Andrew Way, Partner at Latimer Hinks comments on a recent court case relating to DIY Wills.

Court Case Highlights Danger of DIY Wills

DIY Wills are a risky business. Problems can arise if the Will was not correctly signed and witnessed. Drafting mistakes can leave the Will open to misinterpretation and could possibly render the Will useless. Not taking care of details such as this can prove very costly and sometimes distressing for those left to deal with it.

So, to avoid your Will being deemed unlawful or challenged by family members, good instructions, advice and legal guidance should be taken.

Without a Will There Can be Disappointed Relatives

According to new research from Which? Legal Service:

• 56% of people surveyed do not have a will


• 33% of those over 45 have yet to make a will


• 35% aged over 65 feel that they don't need a will
  

Latimer Hinks is concerned that many people do not have a will, wrongly assuming that everything they own will automatically go to their spouse/partner or children. The distribution of estates where someone dies intestate (without a will) has recently changed the level of the statutory legacy – the amount a spouse or civil partner will receive.

For a widow(er)/civil partner where the deceased has children the statutory legacy has risen from £125,000 to £250,000. So, for most estates with a value of less than £250,000 the whole of the estate will pass to the surviving spouse or civil partner.

BUT if a couple are living together but have not made the union legal (by way of marriage or a civil partnership) and have not made wills then their estate will not pass onto the survivor.

The Which survey found that:

66% of couples did not know that their children would inherit if the coulple was not not married/had not entered into a civil partnership.

Today it is far more common for people to have been married more than once. A will can be vital in ensuring that any assets someone leaves go to the people they want to benefit, particularly if there are children from previous relationships.

77% did not realise that if both parents were to die, failure to appoint guardians for their children could result in the courts having a say in their future - and they could be raised by someone the parents wouldn't have chosen.

Michael Jackson's recent premature death highlighted the issues of what can happen to dependent children. Jackson Child Custody Case Highlights Problems with Parental Rights

The Which study also revealed:

43% were unaware that if a couple were separated but not divorced, that the estranged partner could inherit the bulk of the estate rather than the current partner or children.

For the full press release visit Without a Will there Can be Disappointed Relatives

For more information on who can inherit visit AdviceGuide

Please, take the advice of a professional legal adviser and ensure that if you have a will that it is up to date!

Jackson Child Custody Case Highlights Problems with Parental Rights

No-one likes to consider their own death. Will you have led a full life? Will you die prematurely?

It is extremely important, no matter what age you are that you make a will. By doing this you plan for your future and your family's future. It is essential that you seek the correct legal advice.

Michael Jackson's recent premature death has highlighted the issues of what can happen to dependent children.

Judith Middleton of Latimer Hinks Solicitors advises on english law surrounding these issues - Jackson Custody Case Promts Questions

Latimer Hinks Solicitors Support the Elderly

We have all heard, through acquaintances, the media, the press how easily the elderly can be misled or taken advantage of.

At Latimer Hinks we are aware that when it comes to sorting out your affairs solicitors are often the last on the list. Too often, people delay what they want. Sometimes it is too late and when it then falls to others to make arrangements for them.

Solicitors for the Elderly is an organisation committed to providing and promoting robust, comprehensive and independent legal advice for older and vulnerable people, their family and carers

Most of our Private Client lawyers are members of Solicitors for the Elderly . Not just any lawyer can be a member of SFE. Members must have spent a substantial amount of their time working for elderly clients and have also have to fulfil criteria for membership.

Recently, Claire Farrell and Natalie Walker became Joint Regional Co-ordinators for the North East Branch of Solicitors for the Elderly

If you need information/advice on any of the elderly issues listed below please don't hesitate to contact Latimer Hinks. We're here to help.

• Estate planning using wills, trusts and lifetime giving
  Powers of attorney
  Court of Protection
  Probate and the administration of estates
  Trust administration
  Tax Planning
  Living Wills
  The provision of home care
  Preserving assets in the event of long term residential or nursing care
  Residential and nursing home contracts
  Advice on financial responsibility and funding for long-term care, including continuing NHS health care
  State retirement and widows pensions
  Long-term care insurance policies
  Mental Health legislation

Everyday Issues for Farmers & Their Families - Presentation

Field
Originally uploaded by photontrappist

Latimer Hinks and GSC Chartered Surveyors is organising a presentation on the 29th January at the UTASS offices in Middleton in Teesdale.

It's a free presentation - and it does exactly "as it says on the tin!"

So, if you're a farmer interested in issues which may affect your family come along and join us for information on:

• Tenants Fixtures and Improvements
• End of Tenancy Matters
• Succession Planning - Wills, Trusts, Inheritance Tax Planning, Lasting Powers of Attorney etc

Have you Planned for the Future?

Do any of the following questions concern you:

• Have you made a Will/reviewed an existing Will in the last 18 months?
• Do you want to ensure that the Revenue does not take part of your estate on your death?
• If you had to go into a nursing or residential care home are you concerned that your house and assets might be used to pay the fees?
• Have you considered what would happen if you were ill and unable to handle your own financial affairs?
• Would you like to have a say in the medical treatment and care you receive?

If so, you may be interested in coming along to our free presentation
"Protecting your Family - Planning for the Future" - Tuesday 30th September, Darlington Dolphin Centre @ 2pm