December 2^nd to the 8^th is National Grief Awareness Week, a timely reminder to raise public awareness of grief and loss. Making a Will can make the grieving process easier on your loved ones.

There are many benefits to having a Will place but simplistically, creating a Will allows you to set out your wishes clearly so that these can be carried out after you have passed away. This not only gives you peace of mind, but it also eliminates undue stress for family members and loved ones at a later date. Creating a Will also gives you the opportunity to appoint a guardian for children under the age of 16.

Having a valid Will in place can reduce the cost of estate administration. Estate administration is the process of winding up a deceased persons estate.

If you pass away without a Will, this is known as dying ‘intestate’. Dying intestate means that your family would likely need to apply to the Sheriff Court to have an executor appointed before they could deal with winding up your estate. This applies to any estate worth over £36,000 (the small estates threshold in Scotland), so will certainly apply to anyone who owns their own home and it’s likely that a Solicitor will be required to petition the Sheriff Court for the family. Dying intestate, therefore, makes the estate administration process longer and more expensive.

It is also important to note that dying without a Will means that your estate will be divided in accordance with Intestacy Laws. This means that your assets may not be distributed to those you wish to inherit from your estate.

You can draft your own Will, however, we would strongly advise that you don’t due to the following reasons;

1. Homemade or DIY Wills do not tend to account for every eventuality, such as, executors and beneficiaries predeceasing you.
2. You may disinherit a family member unintentionally by remarrying or having a blended family.
3. If someone you care for is financially dependent on you or if you have children under the age of 16, a DIY Will is insufficient.
4. It may not be signed correctly, making it invalid.
5. Wills can be effective tax planning vehicles, which may not be fully utilised without expert advice, which can help reduce or mitigate Inheritance Tax.

There are so many different aspects to creating a Will and our experienced Private Client team offer a free initial consultation where you can work out what’s best for you and your loved ones. We are the Scottish Legal Awards Winners of Excellence in Client Care, so you can be confident that you’re in safe hands and will be well looked after, as will your loved ones be in their time of grief.

Book a free initial telephone consultation with Neilsons here

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As the world mourns our most long-standing monarch, many have questioned whether the Queen’s estate will indeed be taxable, and the wealth depleted. Our private client Solicitor, Emma Brice, advises further on this interesting and topical question. 

[Picture: Queen Elizabeth II and the Duke of Edinburgh visit Bonnyrigg High Street in 1961, when Neilsons’ office was a sweet shop!]

The Queen holds sovereign immunity meaning that British laws do not apply to the Crown unless expressly codified in Acts of Parliament. The notion of sovereign immunity is customary and lies in doctrine and convention, rather than statute, and there is no law setting out the rules underpinning the concept. HMRC (now known as His Majesty’s Revenue and Customs) states that sovereign immunity has its origins in a general principle of International Law that one Sovereign should not subject another to its municipal laws. 

It was agreed in 1993 by HM Queen Elizabeth II and former Prime Minister John Major that there would be no duties paid upon the succession of her estate. The rule was thought to be introduced to protect against the royal family’s assets being wiped out if two monarchs were to die simultaneously or within a short period of time.  

If the Queen’s estate did not benefit from sovereign immunity, the standard Inheritance Tax is chargeable at 40%.  

We do not propose to enter into the current debate on whether the current law is reasonable or not but instead take this opportunity of explaining how IHT affects us generally. 

For those of us who are not Monarchs, UK citizens receive a nil rate band of £325,000 where no IHT is payable and any estate over this amount will be subject to the 40% charge. There are however reliefs which individuals may be able to claim (if for example they are married or leaving their property to a direct descendant) and we will be happy to discuss these in detail if you wish.

It is always prudent to discuss Inheritance Tax with a professional as soon as possible so that tax planning measures can be implemented to minimise any Inheritance Tax charges. Some exemptions only apply after some years have passed so it is best to start planning sooner rather than later. 

If you would like further information or would like to discuss your own Inheritance Tax position and options for estate planning, please do not hesitate to contact Emma Brice by email or telephone on 0131 556 5522. You can also book an appointment online via the link below. 

Book a free initial telephone consultation with Neilsons here

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Ahead of our private client open morning in South Queensferry on Saturday 18th June at our beautiful office on 37 High Street, South Queensferry from 10.30am to 1pm, we thought we would answer some private client FAQs!

What is a private client solicitor?

A private client solicitor at Neilsons deals with all your personal matters. We can create your Will, draw up your Power of Attorney, deal with executry matters and assist with the implementation and management of trusts, together with estate planning, inheritance tax advice, planning for later life and much more!

Why do I need a Solicitor to draw up my Will?

You can of course draft your own Will, however, we would strongly advise that you don’t due to the following reasons:

1. Homemade or DIY Wills do not tend to account for every eventuality, such as, executors and beneficiaries predeceasing you.
2. You may disinherit a family member unintentionally by remarrying or having a blended family.
3. It may not be signed correctly, making it invalid.
4. Wills can be effective tax planning vehicles, which may not be fully utilised without the relevant expert advice.

What happens if I die without a Will?

Dying without a Will, or in legal terms ‘dying intestate’ means two things. Firstly, The Law of Scotland will dictate how your assets are to be distributed rather than you deciding and secondly, the administration and winding up of your estate will be very costly both in terms of time and money.

If you pass away without a Will and you have an estate worth over £36,000 (the small estates threshold in Scotland) or you own a property, it is very likely that a Solicitor will be required to petition the Sheriff Court to have an executor appointed to deal with your estate.  Again, this costs more time and money in legal fees and outlays.

Why do I need a Power of Attorney?

A Power of Attorney (POA) is not a legal requirement, however, having a Power of Attorney in place is strongly recommended when planning for your elder years.

A Power of Attorney document allows you to choose who you would like to make decisions on your behalf, should you lose capacity in the future. A Power of Attorney is dualistic in nature and covers both welfare and financial matters.

Having a Power of Attorney in place is important because it allows you to decide who you would like to make decisions on your behalf. If you lose capacity and do not have a Power of Attorney in place, a guardianship order is required. A guardianship order is granted at the Sheriff Court, and it is not guaranteed who will be appointed to make your decisions. It can take up to 1 year to grant and costs up to £7,000!

A Power of Attorney can be likened somewhat to an insurance policy, in the sense that it is put in place in the hope that it is never required but it is there if you need it. It is also cost effective, comparatively.

If you have any other questions, why not pop down to our South Queensferry office, to our open morning this Saturday 18th June from 10am to 1.30pm at 37 High Street, South Queensferry! Alternatively, book an appointment with us. Home visits are also available upon request. 

Book a free telephone consultation with Neilsons online here

The post Wills, Executries and Powers of Attorney in Edinburgh appeared first on Neilsons.

In today’s digital age, we are all guilty of spending too much time glued to our mobile phones, tablets and other digital devices to access the internet.

In fact, if you are reading this you probably find yourself in that predicament right now!

Many commentators believe that web 3.0 is on the immediate horizon, where blockchain technologies such as cryptocurrencies and non-fungible tokens (NFTs) are the norm. Bloomberg has described web 3.0 as something that “would build financial assets, in the form of tokens, into the inner workings of almost anything you do online.”

Reese Witherspoon, the well-known American actress, producer and entrepreneur, posted on Twitter this week:

You will also need to have a plan for this for your digital assets when you die, so that your loved ones can access these assets as you wish.

Apple have just released a new feature available on iOS15.2 called ‘Digital Legacy’. Digital Legacy allows you to pass on your Apple information to your friends and family once you pass away giving them access to your photos, notes, reminders, text messages, phone log and much more.

Whilst the new Digital Legacy app is great for Apple users, the app alone does not go far enough to ensure our digital afterlives are well planned for in the event of death.

Loved ones or the executor of your Will may require access to individual apps and websites which Apple are not responsible for. For example, if you own cryptocurrency or have NFTs you have one unique (often complex multi-word) password to access your digital wallet electronically. If this password is lost or forgotten you will lose the crypto or access to your digital wallet forever irrespective of its value. This means that your cryptocurrency and digital assets could easily disappear and not form part of your estate for the benefit of your family, or the beneficiaries named in your Will.

Your social media accounts are another thing to consider. For example, Meta’s (formerly known as Facebook, Inc which manages Facebook and Instagram – two of the most popular social media platforms) data policy does not make any reference to bereavement and whether or not they will give your family access to your accounts when you pass away. The policy simply states, “We access, preserve and share your information with regulators, law enforcement or others, in response to a legal request, if we have a good-faith belief that the law requires us to do so”. This statement therefore infers that without a court order, the company will not comply with a grieving families request. It is therefore important to store your passwords somewhere safe so that apps and websites can be accessed, if required, when you are no longer here.

Preparing for the digital afterlife

The first step in making provision for your digital assets is to clearly identify them and keep a record of them for the benefit of your family and executors.  Several providers, for a fee, now offer an online “safety deposit box” in which you can store your usernames and passwords. Those details will then be made available to a nominated person following your death. Examples of these providers are Legacy Locker, Assetlock and Deathswitch.  An alternative is to keep a written list of accounts and access details in a safe place. This should not be included in a Will directly as, following deaths in Scotland, Wills become public documents.

The difficulty with both approaches is that you must keep your list of passwords up to date. The law in Scotland has not greatly evolved to give clear instruction on what should happen to digital assets when someone dies. It is however certain that it will develop as more unfortunate cases arise and the digital afterlife should be considered essential when carrying out careful estate planning.

Book a free initial telephone consultation regarding your Will with Neilsons here

The post The Digital Afterlife: What happens to my digital assets when I die? appeared first on Neilsons.

What is downsizing? 

It can be a daunting and emotional task to even consider, let alone carry out, a downsizing move. Often when downsizing you are contemplating selling a home that your children may have grown up in and lots of memories have been made.

For most homeowners the lockdown period has resulted in us all spending more time in our homes. When more time is spent at home, it becomes apparent if our homes are still suited or not to our current circumstances. Whilst it has been widely reported that for many the lockdown period has resulted in home owners considering a move to larger accommodation or to benefit from some garden ground or home workspace, the converse is also true, yet has been less evident in media reporting.

For a significant number during lockdown it has become clear that their current home no longer meets their needs, it may be too large with underutilised space, the garden may have become too much to easily maintain or the location might not fit with a change in lifestyle. Naturally, requirements for a home can and do change over the years and it is unlikely you will have used each room in the same way over the years. It is also unlikely you still have the same family car as you did when you bought your family home, as your motoring requirements are likely to have changed over the years.

We can be more open to adapt to changing needs in other aspects of our lives but our homes understandably can hold real sentimental value, so what then are the benefits of downsizing at the right time for you?

Benefits

Your home is very likely to be in demand and now may be a time to capitalise on the market activity we are seeing. As we reported last week, this is the hottest sales market ever experienced in Edinburgh and the Lothians and the current demand for suitable properties is exceptional.

There is wide media coverage as to the needs of most buyers to secure more space and garden ground – these are attributes that many downsizes have in abundance.

Many when downsizing take the opportunity to streamline their lives and de-clutter any unnecessary items. You may wish to experience living somewhere new and use your equity from your home in different ways, whether it be to invest, travel or any number of things. You may opt to reduce your living expenses or buy a new property with perhaps less ongoing maintenance costs.

The current LBTT relief which runs until March 2021 is creating a stimulus in the market, could you benefit from this and make a tax saving? Read our recent blog for further information. 

What to consider to get ready to market

There are many things you can do to prepare for a downsizing move and speaking with a professional at the outset will give you a steer on the steps you will need to take. One really important aspect in preparing your home is to de-clutter the contents and this task should not be underestimated. Whilst the way you may have used rooms over the years may have changed it is beneficial when selling to reinstate bedrooms as such as it allows buyers to see the purpose of rooms and the space on offer. Your home should have no unloved spaces and re-purpose as necessary.  You can read EPPG’s top tips for preparing a property for sale here.

How EPPG firms can guide you through the process

Experience – EPPG firms have been established collectively for an impressive 166 years and during that time we have helped many families at different stages of their home moves throughout their lives including downsizing. When upsizing we think about what we need from a home and the process should demand the same time and attention when downsizing. We are Solicitor Estate Agents and this means we can carry out the estate agency and legal steps of your sale and onward purchase, with a Solicitor overseeing your transaction from start to finish.

Knowledge – If you haven’t bought or sold a property in a while you may not have experience of Home Reports, you may not have a real feel for the value of your home or what you might need to spend to buy your new home and how you can coordinate the process under one roof. This is where EPPG can help. We have been working throughout the lockdown period and have our fingers on the pulse of the dynamics of the local market. We have years of experience and are ready to listen and take the stress out of the process.

Expert Marketing – We will take care of all the elements of marketing your property, ensuring that your property gains full exposure online. Do not worry if you are unsure about online property marketing, we will do the hard work for you and explain everything in layman’s terms.

Professional advice – We recognise that when downsizing you are likely selling you biggest financial asset and that you have worked hard to secure, with this investment of your money and time over the years it is perfectly natural to look to secure the best possible price. Good quality tailored financial advice is central to the process. You may have queries regarding mortgage products (lending is available into later life) or look to discuss how you might invest the equity you release from your home, or tax matters such as capital gains or inheritance planning. We work with a range of professional advisors and will be able to put you in touch so you can feel confident as to your future financial commitments.

It may also be a prudent time to consider updating your Will and or preparing a Power of Attorney.

EPPG firms can also provide these services giving you peace of mind that you have matters in place and that your wishes are carried out.

Book a free telephone or video consultation with Neilsons online here

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Looking at dementia through a legal lens

Every day almost 600 people in the UK sadly develop dementia.

Dementia is an illness that targets an individual’s brain and causes a shortened attention span, memory loss and confusion. Dementia is an umbrella term for different diseases which target the brain. For example, Alzheimer’s Disease is a principle cause of dementia.

Unfortunately, there is currently no cure for dementia and once an individual has the illness, they must live with it for the rest of their life. Many professionals argue that prevention is better than cure although many are researching to find new medical treatments and understand more about cognitive diseases.

The best way to try to prevent dementia is to lead a healthy balanced lifestyle with social interaction at its core. Social interaction ensures that your brain is regularly stimulated.

Despite trying our best to be as healthy and active as possible, the reality of dementia is that it is likely to directly or indirectly effect each of our lives at some point in time.

There are currently 850,000 people estimated to be living with dementia in the UK and this number is set to increase. It is therefore important to ensure you get your affairs in order as much as possible, for peace of mind and to ensure your affairs will be dealt with as you wish.

Get your affairs in order and get a step ahead

From a legal perspective, dementia can lead to the loss of capacity. This means that those suffering from the illness may become unable to make decisions for themselves in regard to their personal care and finances.

To get a step ahead of what the future holds it is important to be realistic and plan accordingly. By drawing up a Power of Attorney this gives you full control in deciding who you would like to make decisions on your behalf should you ever lose capacity.

Signing over your decision-making power to someone else may seem daunting, however, it is crucial to note that your Attorney would only step should you lose capacity. Setting up a Power of Attorney gives you peace of mind that the person you have chosen as your Attorney(s) will make decisions for you in your best interest if called upon.

Arranging a Power of Attorney when you are fit and well is vital to getting a step ahead. This is because it is very straightforward to set up and should be viewed as an insurance policy, it is there to protect you if needed, however, hopefully it will never need to be used.

Ensuring you have an up to date Will in place is also a great way to get a step ahead. If you lose capacity, you will not be able to draw up a Will nor will you or your Attorney be able amend an existing will.

If an individual loses capacity and does not have the relevant legal documents as set out above, this will ultimately lead to Court action. Without a Power of Attorney your family may need to go to court to have a Guardianship Order or Intervention Order granted. Both orders are incredibly timely and expensive. It is also the at the discretion of the Sheriff Court as to whom is granted power to deal with your affairs and that is not always the person who you would like it to be.

We are here to help

We offer free initial consultations! If you would like to discuss creating a Will or Power of Attorney, we would be delighted to assist you and provide further information. Despite COVID-19, we are ready, willing and able to provide all services remotely. Video witnessing is also an option during lockdown due to new changes in legislation.

Book your free initial telephone or video consultation online here

The post Dementia Awareness Week 1st-7th June 2020 appeared first on Neilsons.

The current coronavirus pandemic and the stay at home guidance has encouraged many people to turn their hand at new things to keep themselves occupied. Many have taken up gardening, painting, decorating and baking to name only a few DIY endeavours.

Some have also decided to create their own Will in view of the uncertain circumstances which the virus places on all our lives. Creating your own Will is risky.  Unless it is very straightforward it is highly unlikely that it will deliver your desired outcome. It is also probable that it will result in great expense when your executor is dealing with the administration of your estate.

Figures from the Co-operative Legal Services (CLS) suggest that 10% of an individual’s estate can be lost to additional fees when dealing with an estate which has an ineffective Will at its core. On average these additional fees amount to around £16,000!

Why can a DIY Will turn into a disaster?

Predominantly DIY Wills do not tend to account for every eventuality. You may appoint an executor within your Will, but you could be left in a difficult situation if that executor loses capacity or passes away before you.

You may also not account for beneficiaries passing away before you. If this situation was to occur, the Law of Scotland would step in and could overrule your wishes. This could lead to distant family members inheriting from your estate or everything being given to the Crown as a last resort!

It is also possible that you attempt to prevent certain family members inheriting from your estate. This must however be done strategically with the family provision on legal rights entitlement in mind.

Alternatively, you may disinherit a family member unintentionally. This could lead to your Will being challenged through court proceedings. This is very costly, time consuming and stressful.

Second families provide a further complication and it is possible to disinherit the children of a first marriage unintentionally if adequate provision is not made when the Will is drafted.

A professionally drafted Will can pre-empt any such eventuality. It is bespoke to your personal wishes and is not just taken “off the shelf”. It can allow for the creation of trusts which are hugely beneficial if children or vulnerable adults are inheriting from your estate. Both Wills and trusts are also effective vehicles in terms of inheritance tax planning.

The legal formalities of signing your Will

For a Will to be valid it must be executed properly. In Scotland, this means that it must be signed and witnessed in accordance with the Requirements of Writing (Scotland) Act 1995. The law in England however is different and therefore different legal requirements need to be met. Without professional legal advice it is easy to misinterpret the requirements which could result in an invalid Will.

We are here to help 

There is an old saying that if you act as your own solicitor, you have a fool for a client. A DIY Will may on the surface appear to be a money saving solution but in reality, it could cause huge expense and delay when dealing with the administration of your estate.

It is safer and more cost efficient in the long run to instruct a Solicitor to draft, witness and store your Will for you. This will ensure precision, clarity and the safekeeping of this crucially important document. In turn you will have peace of mind that your wishes will take effect and that the winding up of your estate will be a straightforward process.

If you would like any further information please do not hesitate to contact us. Wills can be witnessed by video during the pandemic and we would be happy to guide you through.

Book your free initial telephone or video consultation online here

The post DIY Will Disasters appeared first on Neilsons.

In a recent report, Royal London warned that less than 40% of adults in the UK have a Will. This number is worryingly low as having a Will is very important for many reasons. Principally, without a Will your wishes in relation to how your estate should be distributed can be overruled by Law. Death and succession are topics that nobody enjoys discussing or planning for, but creating a Will is essential to ensuring that your wishes come into fruition.

What is a Will?

A Will is a single legal document which does three main things:-

1. Appoints an executor.

This is the individual or individuals who will be responsible for the administration and distribution of your estate. An executor can be a family member, a friend or a solicitor. It is important that you pick someone who you can trust and will be capable in dealing with the administration of your estate.

2. Sets out in writing who you would like to inherit your estate.

Your estate is essentially made up of everything that you own. This may include, a house, bank accounts and investments etc.

3. Sets out in writing your funeral instructions.

Funeral instructions contained within a Will can be as straight forward as stating whether you wish to be buried or cremated. Having basic wishes in place can be hugely beneficial to your friends and family as it removes the burden from them at an emotional time.

A Will can also include other clauses which allow for the creation of trusts and for guardians to be appointed for children up to 16 years of age.

What are the Benefits of having a Will?

The overarching benefits to creating a Will are simple. A will:-

1. Ensures your money goes to whom you want.
2. Saves your family stress and worry.
3. Can potentially reduce Inheritance Tax.
4. Saves time and money when winding up an estate.

What Happens if I Die Without a Will?

Passing away without leaving a Will is known as dying “intestate”. This means that:-

1. The Law of Scotland shall dictate how your assets are to be distributed.

If you are not survived by your husband, wife, civil partner or your children, then your estate may be distributed amongst distant relatives. It is important to note that, even if you have separated – but not divorced – from your spouse or civil partner they will still be entitled to inherit from your estate.

If you are not married to your partner, they shall not inherit any part of your estate automatically. They would need to make an application to the Court to determine if they should be eligible to inherit. This is at the discretion of the Sherriff and therefore there is no guaranteed outcome.

2. The administration and winding up of your estate will be costly both in terms of time and money.

This is because an application to the Sheriff Court must be made to have an executor appointed to deal with the administration of the estate. An insurance policy is also  required to insure against the acting of the executor. Generally, the process of administering an instate estate is often complicated therefore there can be increased outlays and legal fees.

Neilsons can help

The good news is, creating a Will can be simple and straightforward with the correct professional legal advice. A Will can also be easily changed or amended if your circumstances change. At Neilsons we are dedicated to creating bespoke Wills to suit the needs of every individual and can assist you via innovative video methods during lockdown.

If you would like any further information please do not hesitate to contact us!

Book your free initial telephone or video consultation online here

The post Where there’s a WILL there’s a way appeared first on Neilsons.

In a word, yes.

It is an unprecedented time, but it is still important that you feel able to continue to manage your personal legal affairs as normally as possible.

Solicitors and law firms in Scotland together with Law Society of Scotland have been fast-reacting to manage ways in which Deeds can be finalised whilst complying with social distancing rules amidst the global backdrop of the COVID-19 pandemic.

The Law Society of Scotland have set up new guidance and rules to enable this to happen as it is rarely appropriate to delay complete fulfillment of an instruction to have a Will or Power of Attorney prepared.

At Neilsons, we are prioritising the processing of Wills and Powers of Attorney and have set aside extra staff resource in order to enable us to assist the increased demand from existing and new clients effectively and efficiently.

In addition, we will be offering substantial discounts on these services to anyone who works for the NHS.

Let us turn our attention to how this can be managed in the current situation…

Wills

Firstly, we recommend a telephone or video consultation with us so that we can advise you according to your own individual needs and circumstances.

We offer free initial consultations.

Once we have your instructions, we will complete a Draft Will which we will email or post to you. You can then advise us of any further amendments – or anything that you would like to be clarified.

Once any amendments have been made, and you are happy to proceed, we will finalise your Will for signing and send the copy out to you in the post or – if you have print at home facilities – by email PDF for printing.

Under normal circumstances, Wills in Scotland must be signed at the foot of every page in the presence of an independent adult witness. The witness should watch the person making the Will sign and then the witness signs on the final page of the Will with signing details (the place and town it is signed and the date of signing).

Given the social distancing rules, it is not always possible for an independent witness to be present for this unless of course you live with someone to whom you are not related and who  is not a beneficiary of a Will e.g. a friend.

If you cannot get someone to witness, then it may be possible for us to arrange a video link with you.

The Solicitor or Legal Executive can witness you signing each page via video (Facetime, Skype or Zoom are just a few free and accessible options).

The Solicitor or Legal Executive using professional judgement will also be able to assess your capacity, and can establish that no undue influence is being exerted on the you.

The Will can then be returned to us by post at an address we specify to you.

If you are self-isolating and there is no witness available or video facilities (it is important to attempt both options first), it is still best that you have something in place and you should go ahead and sign your will for now, we would try our upmost to prove that this was your wishes should something happen to you. We can then replace the Will with a formally executed version when the current conditions no longer prevail.

Powers of Attorney

A Will only comes into effect when you die, so we also recommend that you have a Power of Attorney. Should you become incapacitated for whatever reason, it enables someone you trust, known as an attorney, to handle your medical and financial affairs. It will only come into effect should you lose the capacity to make your own decisions.

Without a Power of Attorney in place, it is a very costly and time-consuming process through the Courts to appoint someone, known as a Guardian, to manage your affairs. In today’s climate, we recommend avoiding this route not least due to the cost and time involved, but due to the facts the Courts have also been impacted by the COVID-19 crisis and lockdown.

Following our free consultation, if you would like to proceed, we would prepare your Power of Attorney in draft and email or post it to you for any amendments or to discuss anything you wish to be clarified.

Once the final copy is ready for signing, we will post or email this to you for printing at home.

You must not sign the document in advance of the interview.

You must show us via the video method referred to above that the document is unsigned prior to the interview. The interview would then take place and all the normal requirements fulfilled.

Once we are satisfied that it can be properly certified, we will request that you sign the document and the witness should sign as appropriate. If you cannot obtain a suitable witness given social distancing restrictions, it is fine to leave this blank. The document will become self-proving at the point of registration. The witness cannot be the attorney or one of the proposed attorneys.

Unfortunately, an interview over the phone would not comply with the requirements so you would really need video call options to enable a Power of Attorney to be completed.

We will then request the hard copy is returned to us by post at an address we confirm. A photocopy or scanned copy will not suffice.

Book your free initial telephone or video consultation online here

The post Can I still create and sign a Will and/or Power of Attorney during COVID-19 social distancing restrictions? appeared first on Neilsons.

Our trainee Solicitor from our Picardy Place office in Edinburgh City Centre, Aidan Tuohy, reflects on Dementia Action Week and why Powers of Attorney are truly an ‘insurance’ policy worth talking about.

“At the end of May, many solicitor firms across Scotland took part in ‘Dementia Action Week.’ The purpose of Dementia Action Week is to raise awareness and encourage families to have difficult conversations with loved ones living with dementia. We at Neilsons Solicitors and Estate Agents are no different when it comes to raising awareness and we are keen to ensure our clients are aware of the legal solutions at hand.

As a society, we are currently dealing with the wider implications of an ageing population where people are living longer, meaning conditions such as dementia are on the rise. It is understood that 850,000 people in the United Kingdom are suffering with dementia today. This number is expected to grow to over 1 million by 2025 and over 2 million by 2051! 

A dementia diagnosis can be a traumatic and worrying time for families who can be unsure of how best to protect their loved ones. However, there are certain legal solutions which can provide sufferers and their family members with the peace of mind that their interests are best protected by those who care most about them.

A ‘Power of Attorney’ is a legal instrument which allows individuals to appoint the people they trust most to be their ‘Attorneys.’ This provides the persons appointed with the relevant legal authority to make decisions on their behalf. This can be matters relating to personal welfare but it can also convey further powers in order that an Attorney can manage an individual’s property or personal finances.

An Attorney can be appointed so long as the individual who appoints them holds capacity, something which can be determined by a Solicitor or general practitioner. The powers being transferred to the Attorney provide a considerable amount of authority, therefore, it is vitally important that the Attorney is someone whom the individual trusts and is confident will always act in their very best interests.

Many solicitors describe a Power of Attorney as an ‘insurance policy’. It is something which it is hoped will never be needed, however, in such circumstances that it is, you are extremely grateful that it is in place. Many people wrongly assume that if they were to lose capacity, their next of kin would simply take over their affairs and matters would be managed simply from thereon. Others believe that a Will is sufficient protection for such circumstances. Unfortunately, this is not the case and loved ones would be prevented from making welfare decisions or accessing things such as bank accounts without the relevant authority.

As people often leave it too late to appoint an Attorney they are forced to go down the Guardianship route which involves petitioning the courts to appoint a Guardian for the person concerned. Very often, this can be someone that the person may not have appointed if they still held capacity and it can be an extremely distressing time for families. Furthermore, it is a process which takes a great deal of time and many families are forced to pay thousands of pounds in legal fees to obtain Guardianship.

This is why it is so important that families have these difficult conversations early on and make suitable arrangements for their loved ones who are battling dementia. The Alzheimer’s Society have created an excellent list of ‘conversation starters,’ (click to view) to help families broach what is a difficult subject with their loved ones. 

At Neilsons Solicitors and Estate Agents, we have a dedicated team who specialise in Wills and Powers of Attorney and they would be happy to talk you and your family through the process and the costs involved when preparing a Power of Attorney which is considerably cheaper than the Guardianship route. Please do not hesitate to get in touch with us to have a free, no obligation conversation with a member of our specialist team in Edinburgh and the Lothians.” 

Want further advice? Book your FREE consultation with Neilsons online here!

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Neilsons Solicitors and Estate Agents in Edinburgh is proud to have joined Cancer Research UK’s Free Will Service

The Free Will Service helps people aged over 55 to write or update their will free of charge. It also gives guidance for people considering leaving a legacy gift to Cancer Research UK. The service is now being provided at Neilsons Solicitors and Estate Agents where trained Solicitors and Accredited Paralegals will be able to offer support to people living in Edinburgh, the Lothians and Fife and assist with drafting a will.

Cancer Research UK receives no government funding for its research and relies heavily on the generosity of people leaving gifts in their wills. Over a third of its research into the prevention, diagnosis and treatment of cancer is funded through supporters leaving a legacy to the charity.

A legacy gift can be anything someone wishes to leave in their will. Traditionally this is money but it could be anything that has a monetary value like an estate or specific item. Anything that is left to Cancer Research UK can be marked to be ring-fenced for research into a specific cancer type or research within a local area.

Clare Moore, Director of Legacies at Cancer Research UK, explained: “We all reach a stage at some point in our lives where we start to look ahead and consider what will happen to our financial affairs in the future, when we may no longer be around.

“At Cancer Research UK, we work with a number of local solicitors, including Neilsons Solicitors and Estate Agents, to offer the Free Will Service to anyone aged 55 or over, helping individuals to make an all-important first will or update an existing one.

“One in two people in the UK will be diagnosed with cancer at some point in their lives. The generous gifts left by people in their wills are so important as they help us continue the work that we do to beat cancer sooner. Without the money we receive from gifts, the progress we make through research would be far slower.

“We are always so grateful to anyone who leaves a gift in their will to Cancer Research UK – legacy gifts help us find new ways to prevent, diagnose and treat cancer.”

Cancer survival in the UK has doubled since the early 1970s and Cancer Research UK’s work has been at the heart of that progress.

Every step taken by its doctors, nurses and scientists relies on donations from the public and the kindness of supporters who choose to leave a gift in their will.

The Free Will Service has been running successfully for over 20 years across a network of Solicitors in the UK. Anyone who wishes to use the service is asked to consider leaving a legacy gift to Cancer Research UK but under no obligation to do so.

Neilsons Solicitors and Estate Agents look forward to offering the Free Will Service to help the people in Edinburgh, the Lothians and Fife and working with Cancer Research UK to help beat cancer sooner.

For more information about leaving a legacy gift and Cancer Research UK’s free will service, visit www.cruk.org/freewillservice or call Neilsons Solicitors and Estate Agents on 0131 556 5522.

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