Thinking about Lasting Power of Attorneys (LPAs) is not just something older people need to do – everyone should write one.
Let’s be honest, writing a will and an LPA isn’t top of anyone’s to do list – it isn’t even at the bottom. But it’s important, not just so someone will have your best interests at heart should you fall ill or be in an accident, but also so your loved ones know who should be making the big decisions if you’re not able to. If you’ve lost your mental capacity, it’s too late and your loved ones may struggle to gain control of your affairs.
LPAs can also assist when you have been physically incapacitated, either long or short term.
It’s a grim truth that accidents or illnesses can happen at any age, which is why putting together an LPA is something young people should consider, as well as old, including the four in ten Britons who feel they’re too young and healthy to need an LPA, identified in recent research by SAGA.
So what is an LPA?
It’s a way of giving legal authority to someone you trust to make decisions on your behalf should you lack the mental or physical capacity to make them yourself. That could be a temporary loss of capacity – or permanent.
There are two types of LPA – one for health and care decisions and the other for financial. Under the former, your chosen attorney can make decisions about your medical care and where you live, whilst under the latter the choices will be around buying and selling property as well as paying bills. They have to be set up individually and registered with the Office of the Public Guardian, at a cost of £110 each. If only one is relevant, then only set up one – for young people the health and care decisions of an LPA is probably more relevant in case of sudden illness or accident, but their need for an LPA for property and financial decisions could be very relevant where there is no current spouse or partner.
You should take legal advice on these very important documents and certain wishes may have to be drafted carefully – for example, you may want to limit what your attorneys can do, which isn’t uncommon.
Our lawyers at legalmatters have been helping people write LPAs since their inception in 2007 and with their predecessors, enduring powers of attorney, before that. Call us now on 01243 216900 or email us at firstname.lastname@example.org for advice to ensure that, should you become incapacitated, your life is in the good hands of people you love.
Famously, in Shakespeare’s will, he left his ‘second-best bed’ to his wife Anne and here at legalmatters we can help you set down your legacy too. Take inspiration from the quirkiest instructions ever left in wills – one thing they all prove is that writing a will doesn’t have to be deadly serious.
Chemist Fredric Baur patented the design of the Pringles tube in the 1960s, and requested in his will that some of his ashes be buried in one of his iconic inventions. Baur’s children honoured his request.
Famous contortionist and escapologist Harry Houdini left instructions that his wife Bess should hold a séance every year to see whether he appeared from beyond the grave. He wrote a note detailing the message he’d communicate from the other side. Bess faithfully held a séance every Halloween – the anniversary of his death in 1926 – for ten years.
The longest known will was made by Mrs Frederica Cook who died in 1925 – it was 95,940 words and four volumes in length. The shortest known will was made by a man who simply wrote ‘all for mother’.
People in Portugal got lucky – 70 people in Lisbon, to be precise – when their names were randomly selected from the phone directory by aristocrat Luis Carlos de Noronha Cabral da Camara. They were to become beneficiaries to his estate, which consisted of a 12-room apartment in central Lisbon, a house in the north of Portugal, a car and 25,000 euros. ‘Every day you hear of pranks people play,’ one of the shocked and initially suspicious benefactors told a Portuguese newspaper in 2007 when Luis Carlos had died and she’d received a phone call about her inheritance.
Forget leaving it all to the local cats’ home – Jonathan Jackson of Ohio, went one further when he drew up his will in the late 19th Century, bequeathing money for the creation of a ‘cat house’ in which the feline residents were to have their own sleeping quarters, dining hall, conversation room and auditorium where they could listen to the accordion. ‘It is man’s duty as lord of animals to watch over and protect the lesser and feebler,’ he stated.
US comedian and actor, Jack Benny, left a rather lovely legacy to his wife Mary after he died in 1974 – every day, for the rest of her life, the florist would deliver one long-stemmed, red rose to her door.
Wiltshire man, Stephen Cuthbert’s will, written in 2002 requested that, if possible, his body was to be transported to the crematorium in the back of a Cortina estate. In addition to this, ‘a piss-up is to be held at a venue to be decided by my trustees and to be funded entirely by my estate’.
When Albert Orton from Coventry died in 1888, he left his wife the sum of one farthing – because of ‘the treatment I have received at her hands’, according to his will, that included calling him a ‘rotten old pig’ when he broke wind in her presence, even though he was ill at the time.
Whether your bequests are barking or benevolent, we at legalmatters are your will writing experts. Call us on 01243 216900 or email us at email@example.com for a chat about writing a will.
In a situation as sensitive as probate, committing fraud may seem almost incomprehensible. This does not however, mean that it does not occur, with some individuals abandoning any consideration for the bereaved and committing fraud in regards to the assets of the deceased.
By taking advantage of the dead or someone who is close to passing, the fraudster may help themselves to assets, personal possessions or money that was never meant for them. Therefore, it is essential that probate is dealt with in the most effective way.
Probate can often be manipulated by many, resulting in greater opportunity for fraud.
Examples of such fraud include:
– Coercion while the deceased was still alive
– Removal of assets
– Misuse of executor power
Probate fraud has been less common in the past, with an estimated annual cost of around £50 million. With the current believed cost of probate fraud reaching around £150 million per year, it is likely the previous total was significantly underestimated. This is according to the Society of Trust and Estate Practitioners (STEP), who also said that around 50% of solicitors questioned stated they had encountered fraudulent cases within the last year.
Why is this fraud becoming more common?
A report by STEP said ‘it is just too easy.’ Although the beneficiaries benefit from an estate, UK law states they are not able to view the accounts. This is down to the executor. They have a duty to answer any questions, but could easily keep beneficiaries’ in the dark.
Increasing amounts of probate fraud are also taking place online. An email may be sent from an imposter claiming to be a solicitor regarding a substantial sum they may be entitled to as a beneficiary. Before any further information is released however, the fraudster will request funds to cover any tax or other costs. Whilst some of these emails may be easily detected as scams, others are more refined, with false documents even being attached. As technology develops and methods used by fraudsters become more sophisticated, the likelihood of falling victim to a scam only increases.
Avoid the scams
It is important to act preventatively, as well as being aware of what to be on the look-out for, such as:
– Large transfers of money or property
– Disappearance of valuable items
– Sudden alteration of a will not long before death
It is important to consider these occurrences with great care and get a professional opinion if you have any serious suspicions. Ideally, preventative measures are a more effective means of avoiding the fraud in the first place.
Use a professional – seek out those with proven credibility and competence in dealing with probate cases. They will have sufficient knowledge to handle the deceased’s estate capably.
Make a will – intestacy (dying without a will) can lead to complications much greater than fraud so this step is vital. Stating clearly who executors and beneficiaries are, prevents relatives from sorting out the often complex matter between themselves.
Around 40% of marriages in the UK are second (or even third) unions, which creates a lot of step-families – and occasionally, chaos among the kids when their parent and step-parent die. Mirror wills – where two people set down the same wishes for their legacy – are relatively common among couples but can split step-families in two, as Stuart Herd, an accountant from Essex, discovered.
Shortly before his father died, Stuart Herd, 64, had a conversation with him about his will. Mr Herd told his son that he was leaving his estate to his second wife, who he’d married nine years earlier, and that when she died the couple’s assets would be split between Stuart and his wife’s son. The pair had prepared mirror wills, he said.
Mr Herd Senior died in 1997 and afterwards Mr Herd claims he stayed in contact with his stepmother. So he was shocked to discover, when she died in 2012, that she’d changed her will four years earlier – cutting him out and leaving everything to her son and his family.
“To me, my father was very clear in what he wanted,” Mr Herd says. “He worked really hard to build that up – my inheritance was around £150,000 – and losing it feels like you’ve been mugged. She changed it in 2008 and she lived those four years as if nothing had happened.”
Stuart Herd wrote to his stepbrother’s family outlining his position but got nowhere. So he’s launched a petition calling for increased protection for beneficiaries under mirror wills following the first death.
In the petition Mr Herd is calling for two changes to the law around mirror wills: first, a formal warning to anyone who writes a mirror will that their wishes may not be respected should they die first. He also called for the introduction of new legislation, stating that if the beneficiary of a mirror will is disinherited, they should receive a formal written notice for it to have effect. That, he says, is so the person who is being written out of the will has the opportunity to challenge it.
Indeed, just a few weeks ago Paul Daniel’s son branded his stepmother Debbie McGee a ‘false witch’, alleging that she’d cut him out of his father’s inheritance. Paul, who died of an inoperable tumour aged 77, left his whole estate to Debbie. But, Paul Daniels Junior, claimed: ‘She promised that she would look after me and my brothers. But the only person she has looked after is herself.’
What really hurts Stuart Herd, though, is the fact he feels his Dad’s last wishes have been disrespected.
“My late father was a very trusting person and would never have expected my late step mother to betray his wishes by disinheriting his only son and granddaughter in favour of her own family,” he says. “I know for a fact, if my late step mother had died first he would have respected her wishes without question.”
Of course there are advantages to leaving mirror wills. However, as Stuart Herd’s case shows, there are pitfalls too. If you want to chat through the pros and cons of mirror wills, please contact us on 01243 216900 or email firstname.lastname@example.org and we can help you write a will that will protect your loved ones in the future.