Lasting Power of Attorney, Uncategorized

GDPR & Lasting Power of Attorney’s – why it’s more important than ever to put a Lasting Power of Attorney in place

What is a Lasting Power of Attorney & why you need one

A Lasting Power of Attorney is a document which lets you decide who you wish to help make decisions on your behalf in relation to your property and financial affairs and health and welfare when you are not able to make those decisions yourself.

Be aware that you are only able to make a Lasting Power of Attorney whilst you still have sufficient mental capacity.

It seems daunting to think of a time when you may lack capacity whether it be through illness, your age or an accident however, it is sensible to prepare for the future.

What is GDPR?

GDPR stands for General Data Protection Regulations. GDPR came into force on 25th May 2018. It is designed to modernise Laws that protect the personal information of individuals. It replaces a new emphasis on how personal data is stored and used.

GDPR and Lasting Powers of Attorney

GDPR has brought in tougher restrictions on data processing which means that more checks will exist for those who seek to act on another’s behalf hence the importance of a Lasting Power of Attorney.

If you do not have a Lasting Power of Attorney in place, no one has the legal authority to make decisions for you if you are unable to do so yourself.

Should a Lasting Power of Attorney be required and you not have one in place, this could result in a very costly application to the Court of Protection to appoint a Deputy to act on your behalf.

Contact us for further information

Should you wish to speak with one of our team at Morrish Solicitors who specialise in this area, please do not hesitate to contact us.

Pudsey Office: 

9 Lowtown  Pudsey  LS28 7BQ

033 3344 9606 (Local Rate)

Yeadon Office:      

61 High Street  Yeadon  Leeds  LS19 7SP

033 3344 9609 (Local Rate)

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Uncategorized

Unmarried couples – rights of surviving partner

There was a recent case in the Supreme Court which has highlighted the vulnerability of the survivor when one partner dies and the couple were not married.

Siobhan McLaughlin successfully claimed Widowed Parents’ Allowance following her partner’s death. Current law states that this benefit is only available to bereaved partners who have children and have been married to or in a civil partnership with the deceased.  Siobhan was not married to her late partner so she was in difficulties. Nevertheless in her case she was successful in being awarded Widowed Parents’ Allowance. The benefit is designed to help the children after a death so one wonders why the rules say a marriage or civil partnership is necessary.

This case only highlights the problems of surviving partners in such cases.  These cases will be increasingly common.  In 1996 there were 1.5 million unmarried couples co-habiting, but in 2017 that had jumped to 3.3 million.

Marrying or creating a civil partnership triggers certain rights, but those rights are not available for other couples, for example:-

  • The surviving partner may not be able to inherit any part of their deceased partners’ pension – many pensions provide for “widow’s benefits”, but only marriage/civil partnership triggers the entitlement to such benefits.
  • Inheritance Tax – there is an exemption against Inheritance Tax (which is the tax on the value of an estate at the date of death) if the deceased was married to his or her partner at the date of death.  Otherwise the tax is 40% on the assets inherited (subject to a minimum threshold).
  • Inheritances – there are no automatic rights for a surviving unmarried partner to inherit anything from the estate of the deceased partner.  If there is a Will clearly this governs the arrangements, but if there is no Will the Intestacy Rules, which deal with inheritances in the absence of a Will, do not allow for unmarried partners to inherit anything.
  • It appears that this has led to a large increase in the numbers of “death bed marriages”.  Couples are realising right at the last minute that to protect inheritances and other such rights a marriage is necessary.

Whatever the merits or problems with the current system, it is clearly important to plan for the future.  Making a Will is one of the first steps to take.  Here at Morrish Solicitors we are able to prepare Wills for clients in our offices at Yeadon, Pudsey and Leeds City Centre.  We also, where necessary, make home visits to clients or visits to hospitals or care homes.

Please contact:-

Tom Morrish

Tel:- 033 3344 9609

Email:- tom.morrish@morrishsolicitors.com

 

Monika Volsing

Tel:  033 3344 9609

Email:- monika.volsing@morrishsolicitors.com

 

Christina Taylor

Tel:  033 3344 9606

Email:- christina.taylor@morrishsolicitors.com

 

Kiranjeet Chana

Tel:- 033 3344 9606

Email:-  kiranjeet.chana@morrishsolicitors.com

Fraudulent Will Writer, Lasting Power of Attorney, Probate, Wills

Why should I use a Solicitor?

The ageing population means that there is a large and increasing market for legal services for elderly people.  Services in which elderly people are often interested are:-

  • Wills
  • Powers of Attorney
  • Concerns about costs of residential/nursing care
  • Equity Release
  • Advice regarding dementia/mental incapacity

Individuals are free to obtain legal advice from wherever they choose.   The advice could be from a Solicitor, or it could be from another organisation such as a financial adviser or a will writer.

Why use a solicitor rather than anyone else? 

  • Solicitors have undergone lengthy training,  probably six years between leaving school and qualifying.
  • Solicitors are regulated by the Solicitors Regulation Authority, which provides strict controls on the way Solicitors practice to ensure that the public are protected.
  • If a Will or other document is stored at a Solicitors’ practice then the document will be kept safe, and if the Solicitor goes out of business the documents will pass on to a successor practice.  The Law Society will be able to advise where the documents are held.
  • Solicitors are insured.  If anything goes wrong the Solicitor’s insurance will cover the costs of putting it right.
  • Solicitors have to keep client’s money separate from their own money.
  • Some unregulated Will writing companies are “here today gone tomorrow” organisations. Be wary of letting them store valuable documents for you.

Fees – Solicitors are required to be up front about the fees that they will charge.

You should be wary of organisations which:-

  1. Ask for significant amounts of money up front without specifying what it is to be used for.
  2. Offer an initial Will for a very low price coupled with a home visit.  Clearly the organisation will have to sell other  products or services to you to keep in business.
  3. Some organisations ask for significant money on account of “probate fees”.  A bit like a pre-paid funeral.  Be very cautious of such requests.

When obtaining advice of this nature, always obtain advice from a Solicitor, preferably one who has been recommended to you.

Otherwise, take a look at the website www.sfe.legal.com which represents Solicitors for the Elderly. This is a group of Solicitors all of whom specialise in providing legal advice for the elderly.  Members of the Elderly Client department at Morrish Solicitors are members of Solicitors for the Elderly, and Tom Morrish is Regional Co-ordinator for the Yorkshire region.

Telephone Tom Morrish on 033 3344 9609 for further assistance or visit our website.

Inheritance tax, Lasting Power of Attorney, Uncategorized, Wills

Getting your house in order for the future – whatever that brings

When you die, you’re dead and you’ve got nothing to worry about (unless you believe in heaven and hell) – right? Either way, what about the people or organisations you want to benefit from your estate? Whether you believe in life after death or not, it is better to get organised now. This will be a weight off your mind because you know that after you die, the people who matter to you won’t miss out or find themselves in a complicated situation that you could have saved them from. It can also reassure your significant others if they know they will be doing what you would have wanted, and it can help avoid disagreements and claims against your estate after you’re gone.

And never mind dying, what if you become mentally incapable and can’t deal with your own affairs? Who will sort things out for you then?

So here are some top tips to get your affairs straight for starters:

  • Review and update your Will regularly to ensure changing family needs will be appropriately dealt with on your death.

 

  • Make a Lasting Power of Attorney for Property and Financial Affairs to ensure your assets can be managed without delay in the event of a loss of mental capacity (or if you are physically unable to manage) and encourage other family members to do the same.

 

  • Make a Lasting Power of Attorney for Health and Welfare so your attorneys can advise doctors on resuscitation and life sustaining treatment, and health and social care professionals on how you want to be cared for.

 

  • Make the most of available lifetime giving allowances to help your family and friends, and minimise inheritance tax on your death.

 

  • Check the title deeds of your home and other properties you own and deal with any irregularities in ownership.

 

  • Prepare a detailed list of personal belongings and put in writing who you want to receive them on your death to prevent arguments.

 

  • Keep a private note of any passwords and usernames required for managing your assets online with your Will and Lasting Power of Attorney for Property and Financial Affairs.

 

For more advice on any of these courses of action, the Morrish Elderly Client team are here to help.

Call Kiranjeet or Christina at our Pudsey office on 0333 3449606.

Call Monika or Tom at our Yeadon office on 0333 3449609.

 

Uncategorized

What is the Court of Protection?

The Court of Protection (CoP) appoints people to make decisions for those who lack capacity to make decisions for themselves and resolves disputes about decisions for such people.

If the person who lacks capacity has not made a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) and they have lost capacity, it is likely that someone will need to apply to the CoP to be appointed as Deputy for that person.

The CoP is responsible for:

  • deciding whether someone has the mental capacity to make a particular decision for themselves
  • appointing deputies to make ongoing decisions for people who lack mental capacity
  • giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
  • handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
  • making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
  • considering applications to make statutory wills or gifts
  • making decisions about when someone can be deprived of their liberty under the Mental Capacity Act

Who can apply to be a Deputy?

You can apply to be a deputy if you’re 18 or over. Deputies are usually close relatives or friends of the person who needs help making decisions.

If you want to become a property and affairs deputy, you need to have the skills to make financial decisions for someone else.

The court can appoint 2 or more deputies for the same person.

The court will tell you how to make decisions if you’re not the only deputy. It will be either:

  • Jointly, which means all the deputies have to agree on the decision
  • Jointly and Severally, which means deputies can make decisions on their own or with other deputies

How to apply to become Deputy

You will need to complete an application form together with supplementary forms to apply to become deputy. As part of the process you must also tell family members/friends of the person who lacks capacity that you are applying to the CoP.

You will also have to tell the person you’re applying to be a deputy for.

Fees

You must pay a fee to apply to be a deputy.

You must also pay:

  • a supervision fee every year after you’ve been appointed
  • a ‘security bond’ – if you’re appointed as a property and affairs deputy

When you apply you must pay a £400 application fee. You need to pay the application fee twice if you’re applying to become both types of deputy.

When you have been appointed as deputy, you must pay an annual supervision fee depending on what level of supervision your deputyship needs.

The Office of the Public Guardian will tell you how and when to pay your assessment and supervision fees.

You can apply for an exemption or reduction of the fee if the person you’re a deputy for gets certain benefits or has an income below £12,000.

When you have applied

The Court of Protection will review your application and make a decision after you have told the other people involved that you have applied – provided your application was complete and no one objected.

You’ll be sent a ‘court order’ telling you what you can and can’t do as a deputy. You can start acting on behalf of the person:

  • as soon as you’re appointed – if you’re a personal welfare deputy
  • when you pay a security bond – if you’re a property and affairs deputy

What can we do to help?

Applying to the Court of Protection to become a deputy for somebody can be a very daunting process. The Private Client team at Morrish Solicitors can help by applying to the Court of Protection on your behalf.

If you require any further information in relation to the above, or if you need some assistance with the process, please do get in touch by calling 033 3344 9606 or email info@morrishsolicitors.com.

Uncategorized

Planning for your Digital Assets/Estate

What are digital assets?

Digital assets include e-mail accounts, online banking, online investments, social media accounts (Facebook, Twitter etc.), online purchasing/selling accounts (e-Bay, Amazon etc.), data stored on Pc’s, tablets, laptops, mobile phones  and blogs just to name a few.

Digital assets tend to have little value but some may have significant value or sentimental value.

What would happen to these assets when we die?

Much of the information stored on computers, hard drives and online accounts are user name and password protected. Unless prior arrangements are made, family members or your Executors/Administrators may not be able to access these which leave the information unobtainable.

Practical steps to put in place

Planning for your digital estate is similar to planning for other assets.

  • You need to make create a comprehensive inventory of your digital assets. Make a list of your user names, passwords and security questions for each digital asset.
  • Make a Will – your Executors are empowered by the Court to administer and realise all assets including your digital assets.
  • Safely store these details with your Will or in a safe place so that your Executors have access to this information on your death.
  • Maintain and update the information on a regular basis.
  • Provide instructions for what you want to happen to your digital assets i.e. if you want it to continue, someone to take it over or should it be closed down.

Don’t Delay

It may take some time for you to get the relevant information together. If you don’t do this, your family will not know where to start and could miss something valuable. The more you do now to put things in order, the easier it will be for your family on your death.

Inheritance tax, Uncategorized

Residence Nil Rate Bands

It seems that Residence Nil Rate Bands are here to stay.  Complicated as they are, they provide for an increase in the Nil Rate Band against Inheritance Tax (IHT) for people who have had a property in which they have resided and who leave it to their “direct descendants”.

Putting it simply, the Nil Rate Band is a tax free amount that is available to all individuals before IHT is calculated.  The current Nil Rate Band is £325,000, and after that IHT is charged at 40% of the estate above that figure (subject to various reliefs and exemptions).  The main exemption is when an estate is left to a spouse and the spouse’s inheritance is free of IHT.

The Nil Rate Band is increased by the “Residence Nil Rate Band” (RNRB) in cases where the person dies leaving a property in which they have lived and the property passes to “direct descendants”.

It is not necessary that the deceased was living in the property at the date of death.  There are transitional provisions for properties sold by the deceased after July 2015 and before death.

The definition of “direct descendants” is quite wide, and specifically includes step children.  However, the RNRB is not available to individuals who leave their estate to nephews and nieces, for example.

The RNRB is currently £100,000 for deaths on or after 6th April 2017.  This is going to rise to £175,000 for deaths on or after 6th April 2020.

What does this mean for a “typical” couple who have a house and are leaving their estate to the children of either or both of them? 

The Nil Rate Band is £325,000 per person.

The additional RNRB is now an extra £100,000 increasing to £175,000.

Hence effectively each individual could then achieve a £500,000 threshold before IHT is payable.

Due to the availability of transferable Nil Rate Bands (which have been around since 2007) then it is quite possible that between a couple who are married or in a civil partnership (or for the survivor of such a union) the IHT threshold will be £1,000,000.

In a complicated way (and biased towards individuals with “children” – in the widest possible definition of the word) the IHT threshold has increased quite significantly.  The legislation is, however, quite complex and is worth looking at closely when dealing with the estate of someone whose estate may or may not be liable for IHT.

Specialist advice can be obtained from Tom Morrish at Morrish Solicitors, telephone 033 3344 9609, email tom.morrish@morrishsolicitors.com.