Wills, Trusts & Private Wealth

When someone dies without leaving a valid Will, their assets (the Estate) must be shared out according to certain rules. These are called the Rules of Intestacy. Our Intestacy Rules Flowchart will help you to understand what will happen to your assets if you die without having a valid Will.

In most cases where someone is trying to contest a Will, it is best to seek to resolve any disputes amicably. Where this is not possible, then court action might be the only alternative, but it comes at a cost both personally and financially.

The Probate Registry usually insists on an original Will before issuing a grant of probate. However, it is possible to apply for a grant using a copy will, but this involves making a separate application to the Registry. The Registry will require detailed evidence, which can be difficult to obtain. We have made successful applications to prove copy Wills, so contact us if you would like to know more.

There are two different types of LPAs: “Property and Financial Affairs” and “Health and Welfare.” However, there are a number of different Powers of Attorney which may be used in addition to LPAs. **General Powers of Attorney** This is the shortest type of Power of Attorney and can only be used to give power over the Donor’s property and financial affairs. This type of document is useful for short-term needs, for example, if the Donor is going away and wishes the Attorney to manage their affairs during that time. This does not stop the Donor from managing their own affairs, and the Attorney will be accountable to the Donor for the decisions made and the actions taken on the Donor’s behalf. However, it should be noted that the General Power of Attorney will cease to be effective if the Donor loses their mental capacity. **Enduring Power of Attorney (EPA)** It is no longer possible to make this type of Power of Attorney; however, EPAs that were made in previous years are valid and will remain so provided that they were properly executed. An EPA will allow the Attorney to make decisions about the Donor’s property and financial affairs. However, an EPA must be registered if the Donor begins to lose their mental capacity. If you would like to discuss this further or require any advice or assistance in respect of the registration process, please contact a member of our Private Wealth Team.