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Wills, Trusts, Mental Capacity, Powers of Attorney, Inheritance Tax, Llanidloes, Machynlleth, Wales

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Wills, Trusts, Mental Capacity, Powers of Attorney, Inheritance Tax, Mid Wales

Wills, Trusts, Mental Capacity, Powers of Attorney, Inheritance Tax in Newtown, Welshpool, Shrewsbury, Aberystwyth, Rhayader, Llanidloes, Powys, Mid Wales

Why make a Will?

If you do not make a Will and leave it to chance, the law will make certain assumptions about who can act as your personal representative and who will benefit from your estate. It is therefore very important to make a Will (which will only take effect on your death) clearly setting out your wishes. A surprising number of people die without making a Will leaving all sorts of complications and the possibility of family disputes. Similarly, using unregulated Wills draftsmen can lead to all sorts of problems - which may only come to light many years afterwards and with no redress against the unregulated Will writer. Click here for a fixed quotation for drafting your Will and for comprehensive advice on all related issues.

What is a ‘Living Will’?

An Advanced Directive – otherwise known as a ‘Living Will’ - sets out your wishes in relation to future medical care. This could include refusal of resuscitation or invasive life-prolonging treatment if you become unable to express your wishes. It should be discussed with your GP and noted in your medical records.

Does my relative have capacity?

The Mental Capacity Act 2005 sets out the key principles involved and the basic presumption that a person has capacity unless it is established that capacity is lacking. If there are any doubts about capacity, a medical opinion will be required and we are used to liaising with the medical profession on a regular basis. The law states that a person must understand the nature and effects of his acts in order to be able to make a Will or other formal document. Contact us for specialist, comprehensive advice.

Why make a Lasting Power of Attorney?

It can benefit you in two principal ways: to assist in your financial affairs and your health and welfare where there is or potential impairment (either physical or mental). A Lasting Power of Attorney dealing with health and welfare will allow your attorney to provide assistance with:-

  • Helping with your day to day routine (helping you eat and dress
  • Medical care
  • Moving into care
  • refusing life-sustaining treatment

A Lasting Power of Attorney dealing with property and affairs will allow your attorney to provide assistance with:-

  • Paying bills
  • Collecting benefits
  • selling your home

Anyone appointed to act as your attorney must act in your best interests. Click here for a fixed quotation for drawing up and registering a Lasting Power of Attorney.

When someone becomes mentally incapable of dealing with their own affairs, then an application needs to be made to the Court of Protection for the appointment of a Deputy. A Deputy is someone who is empowered by the Court to manage the affairs and, if necessary, the health and welfare of the patient and who has a duty to ensure that the patient’s best interests are maintained. Contact us if you think you need to make an application.

Even if there is no Lasting Power of Attorney (or perhaps Enduring Power of Attorney - which pre-dated Lasting Powers of Attorneys) in existence, an application can still be made to the Court of Protection for the appointment of a Deputy.

The Certainty National Will Register

We are pleased to confirm we are members of the Certainty National Will Register – www.certainty.co.uk.

As you are aware, writing a Will and regularly reviewing it is one of the most important things you can do for your loved ones. Therefore, ensuring that your family can find it when you have passed on is essential. If you are about to write your Will with us then you can register it.

Why should I register my Will?

In a recent survey, 67% of people questioned did not know where to find their parents’ Wills. When you register your Will its location is tagged. We hold your Will safely, but we digitally record its location on the Wills register so that benefactors are able to locate it when the time comes.

Finding your Will ensures your last wishes are respected and that your estate can be distributed the way you had planned.

If your Will cannot be found, your estate is distributed under the rules of Intestacy which may not be in the way you had wished.

How Do I Register?

Simply call, write or click on the ‘contact us’ form to request that we register your Will today


What will it Cost?

The fees are fixed so that sole Lasting Powers of Attorneys are charged at £300 plus VAT and joint Lasting Powers of Attorney at a fee of £400 plus VAT.  There is a registration fee payable of £82.00 per Lasting Power of Attorney whenn registering ther same with the Office of the Public Guardian.


Who do I contact?

All our lawyers at Milwyn Jenkins & Jenkins Solicitors will be happy to advise and assist you.



Milwyn Jenkins & Jenkins
Llanidloes Office
Mid Wales House
Great Oak Street
SY18 6BN

T: 01686 412 166
F: 01686 413 580

Milwyn Jenkins & Jenkins
Rhayader Office
Glan Wye House
West Street

T: 01597 810 533

Milwyn Jenkins & Jenkins
Machynlleth Office
2 Heol Maengwyn,
SY20 8AE

T: 01654 554000

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