Wills, Estates & Powers of Attorney

Here at DMC we appreciate that it is difficult to think about making a will, that no one wants to consider who will manage their affairs if they become physically or mentally incapable, and that the loss of a loved one can be a deeply distressing and traumatic time.

Margarita Sloane has vast experience in wills, administration of estates and enduring powers of attorney. Our clients continually praise her thorough and detailed work and tell us how much they appreciate her understanding and empathetic approach.

Wills

Here at Donaldson McConnell we’ve heard all the reasons why people haven’t made a will. A recent UK study found that 53% of the UK population have not made a will: 51.6% of that number haven’t done so because they “haven’t got round to it”, 12.4% don’t think they need to as their immediate family will inherit anyway, 12.3% don’t want to think about it, and 22% believe they have nothing of value to leave. The remaining reasons were being too young, not wanting to think about dying, or believing it’s too expensive.

We don’t mean to be the bearer of bad news, but one thing which is inevitable in life is death. For the price of a night out or a weekend break you can ensure that you have done all you can to safeguard your loved ones’ future. We understand that few people want to contemplate their death, but we believe there are strong arguments why everyone should make a will:

01

Certainty and Peace of Mind

By making a will you can decide how your property, business, personal belongings and any other assets will be divided between your loved ones, and can ensure that your final wishes will be observed, including specific gifts to friends, charities and your church.

02

Avoid Disputes

If you do not make a will, or if your will is not properly prepared, disagreements can occur as to how your estate should be distributed. Disputes over estates are often complex, drawn out, expensive and acrimonious.

03

Preserve Your Estate

If you do not have a will the government will decide who inherits your estate, known as Intestacy, and there is no guarantee the law will distribute your estate as you may have envisaged, with no provision for specific gifts or charitable donations.

04

Save Money and Avoid Tax

The government charges Inheritance Tax on the net value of your estate. You can reduce, or sometimes eliminate, the amount of inheritance tax payable by preparing a will and making use of the allowances and lifetime gifts permitted by the government.

05

Care for Your Children's Future

If you have children under 18 you can appoint guardians to care for them after your death, and can create a trust to hold monies on their behalf until they reach a specified age, minimising distress and disruption during an uncertain time.

06

Specific Gifts

If you die without a will you will not be able to ensure that friends and family members receive any specific items you might want to leave to them, such as an ornament, piece of furniture or family jewellery.

07

Charitable Donations

If you do not have a will then none of your estate will be given to charity or church, and it will be impossible for your family to divert any part of your estate to charitable donations without specific instructions from you in your will.

08

Funeral Arrangements

You can specify in your will if you are to be cremated or buried, where the funeral is to take place, your order of service and favourite hymns.

Administration of Estates

We understand that many people feel overwhelmed following the death of a loved one. It’s difficult to deal with funeral arrangements, death certificates and a host of other matters without having to also consider how to give effect to your loved one’s will.

We appreciate how complicated it can seem to be an executor or administrator. We have vast experience dealing with all aspects of administration, from distributing estates worth millions to tracing beneficiaries, from completing complicated tax returns to arranging for a house to be cleared, and from transferring properties to distributing personal effects. Margarita and Lisa have dealt with every aspect of estate administration in a professional, discreet and efficient manner.

Enduring Power of Attorney

Enduring Power of Attorney

We know that no one likes to consider that at some point in the future they may not be able to manage their own affairs. Here at DMC we believe that an Enduring Power of Attorney (EPA) forms a vital part of any plans for the future. An EPA allows you to appoint someone to look after your general or specific affairs should you become mentally or physically incapable of doing so. Your attorney must apply to the court to have the EPA registered, and provided there are no objections the court will grant your attorney legal powers to deal with your affairs, including your finances.

Why Bother? Controller Orders

If you haven’t planned ahead and chosen an attorney, then once you become incapable someone will have to apply to the High Court for a Controller Order. This is more complicated and expensive, and requires a more involved application. Such applications can be challenged and could lead to disputes within families. It is preferable that you choose who performs these tasks on your behalf, rather than requiring a family member to go through the additional stress and expense of an application to the Court.

Speak to a specialist

Margarita Sloane

Contact Margarita on 02892 601421

Lisa Mullen

Contact Lisa on 02892 601421

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