Wills and Lasting Powers of Attorney

While many of us are reluctant to think about making a will, failure to think ahead can unfortunately lead to more problems for families and other dependants at a very difficult time. The same is true when thinking about Powers of Attorney.

Our specialist solicitors work with clients to ensure their affairs are in proper order, ensuring total peace of mind.

What our private client lawyers do

What they say

"DMH Stallard recently reviewed Wills for myself and my wife explaining in detail the options available to us to ensure that it reflected our wishes. They provided us with all the necessary information for us to decide how we wished our Wills to be drafted to allow flexibility to protect our estates upon death. We feel confident that DMH Stallard has looked after interests throughout the process."

Mr & Mrs Carey, clients

Wills

We help our clients put in place robust and appropriate wills which match their wishes.

We work with clients over the long term to review wills regularly, particularly if there are any changes in their personal or financial circumstances – such as marriage, divorce or children.

We also provide free storage for the wills we create and manage.

Lasting Powers of Attorney

Powers of Attorney allow you to appoint a named individual (or individuals) to act on your behalf if you do not have the capacity to act.

We advise on :

  • Ordinary Powers of Attorney
  • Enduring Powers of Attorney
  • Lasting Powers of Attorney (property and financial affairs)
  • Lasting Powers of Attorney (health and welfare)

Powers of Attorney can only be made while you have capacity to understand the documents and the implications of making them. If someone you know no longer has capacity to make a power of attorney we can help you to apply to the Court of Protection to be appointed to act on their behalf.

We can advise donors and attorneys on any aspects of powers of attorney, including making a power of attorney, acting as certificate provider, acting as an attorney, registering a Power of Attorney at the Office of Public Guardian, and revoking and amending a Power of Attorney.

How our private client lawyers work

Wills

We prepare wills which can help you:

  • Choose exactly how your property and possessions will be shared between your loved ones
  • Ensure that your partner or spouse is provided for
  • Choose who should act as guardians for any children
  • Provide for dependants
  • Take sensible steps to save tax
  • Prevent additional upset and confusion for your loved ones on your death and decide who you would like to wind up your affairs

Powers of Attorney

Estate planning is an exercise which requires both expert legal skills and a close knowledge of the client's family and business arrangements.

For this reason, we take the time to get to know our clients, to understand the issues that matter to them and to work closely with them in planning for their and their family's futures.

  • Ordinary Powers of Attorney allow you to appoint someone to deal with a particular situation (e.g. the sale of your house while you are abroad). It ceases should you lose capacity to deal with your affairs and has a limited lifespan.
  • “Enduring” Powers of Attorney. While these can no longer be made, existing documents can still be used.
  • “Property and financial affairs” lLsting Power of Attorney allow you to appoint someone to deal with your property and finances. This bespoke document allows you to state what the document can be used for and in what circumstances. This power of attorney can be used once it has been registered, even if you still have the capacity to make decisions yourself.
  • “Health and welfare” Lasting Powers of Attorney allow you appoint someone to make welfare and health care decisions on your behalf, but only when you lack the mental capacity to make those decisions yourself. These can include decisions regarding your day to day care and medical treatment.

To see the full range of private client services we offer including trusts, probate, estate administration, advising in respect of the Court of Protection and deputyship, and disputes over wills and estates, click here.

How we've helped

DMH Stallard advised a husband and wife where the husband was a majority shareholder of successful business. We advised on the initial steps to secure and move towards the eventual transfer of the business for their teenage children, preparing Wills and subsequently Lasting Powers of Attorney as well as advising on the creation of Trusts. Our work also involved preparing a Living Charter for the potential Trustees to refer to when seeking advice from an advisory board set up to assist with business strategy and business decisions. Further on-going advice was provided in relation to various lifetime proposals and gifts.

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