Taunton and South Somerset Living Apr - May 2020

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what is probate? Probate is the process of administering a deceased person’s estate... ADVERTISING FEATURE Probate involves: - • gathering details of their assets and debts; • completing an Inheritance Tax return and paying any tax (if required); • applying for a Grant (of Probate) which is the official document that confirms the Executors or Administrators position (if necessary); • gathering in assets, settling liabilities and debts; • distributing the estate in accordance with the Will or the laws of Intestacy. The process can take approximately a year in most cases, but depends on size and complexity of the estate. Only the executors in the Will can apply for Probate (but not all of them need to do so). If no executors then rules determine who can apply to administer the estate. If there is no Will then the laws of Intestacy set out who can apply to administer the estate with a Grant (known as a Grant of Letters of Administration). Leaving a Will ensures your affairs are taken care of after death but consider what happens if you are unable to manage your affairs in life. To enable somebody to manage your financial affairs and welfare requires what is known as a Lasting Power of Attorney (“LPA”); this allows you to appoint someone to be your “attorney” if declining health prevents you from managing your own affairs and finances. There are two: - (i) Property & Finance which allows you appoint individual/s to make decisions i.e. help managing your finances. Attorneys can help you at your discretion whilst you still have capacity and continue if you lose capacity. (ii) Health & Welfare only to be used if you lose capacity to make decisions for yourself. Attorneys make decisions relating to personal care, accommodation, medical consents etc. It is worth considering how LPAs can protect your business interests. With an LPA, you can appoint someone who you trust to think like you and make decisions you would make. You can make an LPA for this separately from personal LPAs. Contact Taunton Solicitors for further information: info@tauntonsolicitors.com 01823 351122 www.tauntonsolicitors.com Taunton SOLICITORS Legal Services and Advice BUYING AND SELLING PROPERTY SHARED OWNERSHIP HELP TO BUY FAMILY LAW & DIVORCE LASTING POWERS OF ATTORNEY COMMERCIAL PROPERTY WILLS PROBATE & TRUSTS Visit our website for discounts and costs www.tauntonsolicitors.com 2 hours free client car parking Ground floor office, disabled parking and facilities and private meeting rooms 2 Tangier Central Taunton TA1 4AP Call our office for more details 01823 351122 Email: info@tauntonsolicitors.com 82
family law Tips on handling relationship breakdown ADVERTISING FEATURE Associate Solicitor Amy Langford from The Family Law Company looks at ways to make breaking up a little less painful. orders or solicitor’s letters. A prompt response keeps matters moving forward and legal fees to a minimum. Failing to provide information to the court hinders the process and reflects negatively on you. • Don’t involve the children; keep them protected from ongoing court proceedings. Don’t speak negatively about your ex-partner in front of them or behave in a way that forces them to take sides. Try to stay positive and enthusiastic about the time your child is spending with their other parent. January’s infamous ‘Divorce Day’ has officially passed. Of course, this doesn’t mean people will be free from relationship breakdown for the rest of the year – it can happen at any time. This is often a time of hurt and stress but if the right approach is taken, it does not have to be as negative and difficult as one may think. The breakdown of a relationship can actually go smoothly if handled with consideration. Things you can do to help • Put the children first in everything. The court will always consider the children’s well-being as a first consideration when deciding financial matters in a divorce. Think how to best provide for your children before considering what you want for yourself. • Try mediation. This is a nonconfrontational way to have a discussion and reach an agreement regarding financial matters and/or children matters without having to go to court. It is also less expensive than issuing court proceedings. • If you are in financial proceedings, provide full financial disclosure. The court takes a very dim view if financial assets are not disclosed. If you delay in providing disclosure it will only prolong matters and prevent you from moving forward. • Try to communicate without getting angry or passing blame. If communication becomes difficult you might decide to leave it to the solicitors or only communicate via email. Avoid communicating late at night or when you are feeling emotional and try to keep interactions as neutral as possible. If you are asking your ex-spouse/partner for a change in current circumstances (particularly in relation to children) try to explain the reasoning behind what you want to happen and keep it child-focused. Things to avoid • Don’t make sweeping statements or accusations as this will only upset the other party and increase the tension between you. • Don’t delay in responding to court “This is often a time of hurt and stress but if the right approach is taken, it does not have to be as negative and difficult as one may think. The breakdown of a relationship can actually go smoothly if handled with consideration.” • Don’t ignore the fact that your relationship has broken down. Whilst it may be tempting to hope everything goes away, particularly if you do not want to get divorced or separated, pretending nothing is happening will not help. If your spouse has filed an application for divorce, then they clearly believe the marriage is over. As much as you may wish it were otherwise, refusing to cooperate will only prolong the process and ultimately make matters more painful for you. Similarly, if your ex-partner has left you and wants to talk about the time they spend with the children, engage in the conversation. If you ignore them and refuse to talk you might find yourself receiving court papers. If at all possible, it is far better to talk about resolving children matters, perhaps with the help of a mediator, before rushing to court. Going through relationship breakdown can be difficult but the correct legal advice prevents unnecessary stress and worry. Having a family law specialist to assist you will ensure that any matters that ought to be dealt with alongside your relationship breakdown do not go unnoticed or forgotten. At The Family Law Company, we always try to take a calm approach to any matter and avoid an unnecessarily adversarial approach whenever possible. If you require further information or advice in respect of this or any other family matter, please contact Amy Langford on 01823 785070. www.thefamilylawco.co.uk
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Taunton and South Somerset Living Apr - May 2020

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