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Wills and Powers of Attorney Solicitors
Making a Will or Lasting Power of Attorney is one of the most important steps you can take to protect yourself, your family and your wishes for the future.
Many people put off making these arrangements because they feel too young, do not think their estate is complicated, or assume their loved ones will automatically be able to deal with everything if something happens. Unfortunately, without the right legal documents in place, families can face unnecessary stress, delay, uncertainty and expense at an already difficult time.
At Watkins Solicitors, our experienced Wills and Powers of Attorney solicitors provide clear, practical and supportive advice to help you plan ahead with confidence.
We can assist with:
Preparing a legally valid Will
Reviewing or updating an existing Will
Appointing executors and guardians
Lasting Powers of Attorney
Enduring Powers of Attorney
Advance Decisions and Advance Statements
Court of Protection and Deputyship applications
Advice where a loved one has lost mental capacity
Whether you are making arrangements for the first time, updating documents following a change in circumstances, or supporting a relative who needs help managing their affairs, we can guide you through the process.
A Will lets you decide what should happen to your money, property, possessions and personal belongings after your death.
Without a valid Will, your estate will be dealt with under the intestacy rules. This means the law decides who inherits from you, which may not reflect your wishes or your family circumstances.
Making a Will can help you:
Choose who should inherit from your estate
Appoint trusted executors to deal with your affairs
Appoint guardians for children under 18
Make specific gifts to family, friends or charities
Set out your wishes clearly and reduce the risk of disputes
Provide for unmarried partners, stepchildren or others who may not automatically inherit
Consider inheritance tax and estate planning issues
Give your family clarity at a difficult time
Even if your estate is straightforward, a properly drafted Will can provide peace of mind that your wishes have been recorded clearly and legally.
Some people consider preparing a Will themselves or using an unregulated service. While this may seem simple, mistakes can create serious problems after death.
Common issues include:
The Will not being signed or witnessed correctly
Important beneficiaries being missed
No provision being made if a beneficiary dies before you
Unclear wording causing confusion or disputes
Changes being made incorrectly after the Will has been signed
Marriage, divorce, children or changes in family circumstances not being properly considered
Assets being overlooked
Executors being appointed without understanding the role
If a Will is invalid or unclear, it can lead to delay, family disagreement and avoidable legal costs. Our solicitors can help ensure your Will is properly drafted, legally valid and tailored to your circumstances.
It is important to review your Will regularly and especially after major life changes.
You should consider updating your Will if:
You get married or enter into a civil partnership
You separate or divorce
You have children or grandchildren
You buy or sell property
Your financial circumstances change
A beneficiary or executor dies
You want to change who inherits
You start or sell a business
You move abroad or acquire assets in another country
Your relationship with family members changes
A Will can be updated by making a codicil or, in many cases, by preparing a new Will. The correct approach will depend on the changes required.
Executors are the people responsible for dealing with your estate after your death.
Their role can include collecting assets, paying debts, dealing with tax, applying for probate where required and distributing the estate to beneficiaries.
Choosing the right executors is important. Many people appoint trusted family members or friends, but executors should be organised, reliable and able to deal with what can sometimes be a time-consuming responsibility.
Watkins Solicitors can advise you on your options and can be appointed to act as executor where appropriate.
If you have children under 18, your Will can appoint guardians to care for them if you die before they become adults.
This is one of the most important reasons for parents to make a Will.
Without a clear appointment, there may be uncertainty or disagreement about who should care for your children. A Will allows you to set out your wishes and choose the people you trust to take on this responsibility.
A Lasting Power of Attorney, often called an LPA, is a legal document that allows you to appoint one or more trusted people to make decisions for you if you are unable to make decisions yourself.
The person making the LPA is called the donor. The person appointed to act is called the attorney.
You must have mental capacity when you make an LPA. This is why it is important to plan ahead, rather than waiting until decisions need to be made urgently.
An LPA can be particularly important if you are diagnosed with a progressive condition such as dementia, but it is not only relevant later in life. Unexpected illness, injury or loss of capacity can affect anyone.
There are two types of LPA. You can make one or both.
A Property and Financial Affairs LPA allows your attorney to make decisions about your money, property and financial matters.
This may include:
Managing bank accounts
Paying bills
Dealing with pensions and benefits
Managing investments
Buying or selling property
Dealing with everyday financial arrangements
This type of LPA can be used while you still have capacity, if you choose, or when you later lose capacity.
A Health and Welfare LPA allows your attorney to make decisions about your care, medical treatment and personal welfare if you are unable to make those decisions yourself.
This may include decisions about:
Medical treatment
Life-sustaining treatment, if you give your attorneys authority
Where you live
Care arrangements
Daily routine
Contact with others
A Health and Welfare LPA can only be used when you no longer have capacity to make the relevant decision yourself.
An LPA must be registered with the Office of the Public Guardian before it can be used.
The current OPG registration fee is £92 per LPA, meaning it costs £184 to register both a Property and Financial Affairs LPA and a Health and Welfare LPA. Some people may be eligible for a fee reduction or exemption depending on their financial circumstances.
The registration process can take several weeks, so it is sensible to prepare and register LPAs before they are urgently needed.
Our solicitors can help prepare the documents correctly, advise you on your choice of attorneys, explain how attorneys should act and guide you through the registration process.
Choosing an attorney is an important decision.
Your attorney should be someone you trust to act responsibly and in your best interests. They should understand your wishes, be able to make decisions calmly and be willing to take on the responsibility.
You can appoint more than one attorney and decide whether they should act together, separately, or together for certain important decisions.
We can advise you on the practical and legal implications of your choices, including what may happen if an attorney is unable or unwilling to act in the future.
Enduring Powers of Attorney, known as EPAs, were replaced by LPAs in October 2007.
It is no longer possible to make a new EPA, but an EPA made before October 2007 may still be valid.
An EPA only covers property and financial affairs. It does not allow attorneys to make health or welfare decisions.
If the person who made the EPA starts to lose mental capacity, the attorney must usually register the EPA with the Office of the Public Guardian. This involves notifying the person who made the EPA, relevant family members and any other attorneys.
We can advise on whether an EPA remains valid, whether it needs to be registered and whether it may be appropriate to make an LPA if the person still has capacity.
Advance care planning allows you to record your wishes for future medical treatment and care.
An Advance Decision, sometimes known as a Living Will, allows you to refuse specific medical treatment in the future if you lose capacity to make that decision at the time.
An Advance Statement can set out your wishes, preferences and values. This may include where you would prefer to live, religious or cultural wishes, care preferences or other matters that are important to you.
These documents can sit alongside a Health and Welfare LPA and help ensure your wishes are understood by those involved in your care.
We can advise you on the best way to record your wishes and how these documents may work alongside your wider planning.
If someone has already lost mental capacity and does not have an LPA, EPA or Advance Decision in place, it may be necessary to apply to the Court of Protection.
The Court of Protection can appoint a deputy to make certain decisions on behalf of someone who lacks capacity.
Deputyship applications can take time and may be more expensive and restrictive than having an LPA in place. This is one of the reasons why planning ahead is so important.
Watkins Solicitors can advise families on Court of Protection and Deputyship applications where a loved one can no longer manage their own affairs.
You should consider making or reviewing these documents if:
You own property
You have savings, investments or pensions
You have children or dependants
You are unmarried but have a partner
You are separated or divorced
You have remarried or have a blended family
You own a business
You want to protect vulnerable beneficiaries
You have been diagnosed with a medical condition
You want to reduce uncertainty for your family
You want trusted people to make decisions if you cannot
These documents are an important part of planning ahead and protecting your family.
At Watkins Solicitors, we provide clear and practical advice on Wills, Powers of Attorney and future planning.
We can help you:
Prepare a Will that reflects your wishes
Update an existing Will
Appoint executors and guardians
Consider family circumstances and potential disputes
Prepare and register Lasting Powers of Attorney
Review or register an Enduring Power of Attorney
Prepare Advance Decisions or Advance Statements
Apply for Deputyship where a loved one has lost capacity
Understand the responsibilities of attorneys or executors
We take the time to understand your circumstances and explain your options in straightforward language.
Yes, a Will can still be important even if your estate is modest. It allows you to decide who should receive your belongings, appoint executors and avoid uncertainty for your family.
If you die without a valid Will, the intestacy rules decide who inherits your estate. This may not reflect your wishes, particularly if you are unmarried, separated, have stepchildren or have a more complex family situation.
You can write your own Will, but it must meet strict legal requirements. Mistakes can make a Will invalid or cause disputes after death. Legal advice is especially important if your circumstances are not straightforward.
You should review your Will regularly and after major life events such as marriage, divorce, separation, having children, buying property or changes in your financial circumstances.
A Lasting Power of Attorney allows you to appoint trusted people to make decisions for you if you are unable to make decisions yourself.
Many people choose to make both a Property and Financial Affairs LPA and a Health and Welfare LPA so that trusted attorneys can help with both financial and care decisions if needed.
No, not necessarily. Even close family members may not have legal authority to manage your finances or make certain decisions unless the correct legal document is in place.
No. The person making the LPA must have mental capacity when the document is made. If they have already lost capacity, a Deputyship application may be needed.
An EPA made before October 2007 may still be valid, but it only covers property and financial affairs. If the person who made the EPA starts to lose capacity, the EPA may need to be registered.
Yes, Watkins Solicitors can be appointed to act as executor where appropriate. We can discuss whether this is suitable for your circumstances.
If you would like advice about making a Will, preparing a Lasting Power of Attorney, updating existing documents or helping a loved one who has lost capacity, please contact Watkins Solicitors.
We advise clients from our offices in Bristol, Bath and Hereford, as well as clients across England and Wales.
Call 0117 939 0350 or email info@watkinssolicitors.co.uk.