Dale & Co. Solicitors Lincoln

Wills, Probate, Powers of Attorney and Trusts Solicitors in Lincoln - Dale & Co.

Wills, Probate, Powers of Attorney and Trusts Solicitors in Lincoln - Dale & Co.

We provide all the legal support and advice you will need at this difficult time such as, Wills including complex estates and issues regarding divorce, children and guardianship and Inheritance Tax planning, Estate and Probate administration, Lasting Powers of Attorney, Registration of Lasting Powers of Attorney, Managing affairs for retired or disabled clients, Variation of Wills and Estates of the deceased, Court of Protection and Trusts.

Probate

This is the official proving of the Will or, where there is no Will, the legal authority for someone to be appointed to deal with the estate. If you are named in a Will as an Executor you will need a legal document called a “Grant of Probate” which gives you the right to sort out the affairs of the Deceased. If no-one has been named in the Will or there is no Will then an Administrator is appointed to carry out the same function. The Grant of Probate will allow the Executor or Administrator to deal with the Banks, Local Authorities, Pension and Insurance companies and other relevant authorities dealing with selling off any assets. Executors and Administrators are personally and legally liable for: 

  • Collecting all the assets
  • Paying the debts and funeral expenses

  • Completing all legal and administrative formalities
  • Distributing what is left in accordance with the terms of the Will or in accordance with the rules of Intestacy where there is no Will.

Power of Attorney

A Lasting Power of Attorney is a legal document that allows you to choose someone (the “Attorney”) you trust to make decisions about things such as your health care or finances on your behalf at a time in the future when you may lack the mental capacity to make those decisions for yourself.

There are two different types of Lasting Power of Attorney:-

  • Personal Welfare Lasting Power of Attorney allows your attorney to make decisions about your personal welfare, including whether to give or refuse consent to medical treatment and deciding where you live. These decisions can only be taken when you lack capacity to make them.
  • Property and Affairs Lasting Power of Attorney allows your attorney or attorneys to make decisions on your behalf about your property and affairs including paying your bills, collecting your benefits or other income, or selling your house subject to any restrictions and conditions.

What are the responsibilities and liabilities of being an Executor or Representative?

Executors and Administrators can be held personally responsible and liable for: 

  • Forgetting a vital step
  • Failure to finalize tax issues correctly
  • Being unaware of all creditors before distribution to beneficiaries
  • Being unaware of all beneficiaries
  • Incorrectly dealing with an Insolvent Estate
  • Not checking the validity of a Will or ensuring that the Will is the last Will of the Deceased
  • Misunderstanding the contents of the Will or the Intestacy rules and distributing incorrectly
  • Failure to understand child or family Trusts

Being an Executor or Administrator is often a time-consuming role, which can be renounced. Someone else can be appointed to act in their place if they do not wish to act. It can be stressful if there are complex estates, disagreements among family and beneficiaries or queries about inheritance tax, trusts or property abroad. 



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Richard Dale

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Richard Dale BA Hons

Richard Dale BA Hons

Richard has worked in civil and criminal matters since 1977. He has a practical attitude to the law and is an experienced and effective negotiator. He acts in your interests and employs energetic, strategic thinking and commercial acumen to work for you. He has gathered a first-class team which works to with same ethos.

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11 Beaumont Fee Lincoln Lincolnshire LN1 1UH United Kingdom

01522 513 399

Fax 01522 53 05 89

mail@dale-law.co.uk