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Will / LPA
Hi all.
Bit of background.
Wife's Aunt and Uncle 85 and 89. (Father side)
2 Sons, both estranged not spoken to for 30+ years.Eldest re acquainted last year for about 7 months but in Oct cut all contact again.
We are assisting with things like on line shopping,helping to fill out Benefits etc but they have Life Assurance and want to remove the son who was added when he reacquainted.
They also want to have us inherit on their passing and start to help with finances.
I have said to get Wills done.
Would it be best to say about LPA for Finance or both Finance and Health.
With the Will would it be best to do through a Solicitor?
We want to help but also to protect ourselves at the same time
Comments
-
You can do the LPA yourselves but go to a solicitor (not a will writer) for the wills, especially as there are estranged children who are likely to be cut out.
4 -
I would find an established local solicitor for the will. Too many potential issues with estranged children to chance a poorly drafted will. For the LPA's relatively simple to do online.
4 -
OP must totally distance themselves from anything to do with the Will, particularly as there are children to be written out and the OP stands to benefit in the children's place.
Otherwise the perception of coercion is too strong.
7 -
Unless finances are very tight, I'd be inclined also to ask the solicitor to do the LPAs in this case. Just in case there is a challenge.
7 -
To answer your question about LPAs I would get both types Finance and Health. Pragmatically finances once set up are relatively straight forward. Health and Welfare is much more an as and when e.g. sudden decline paramedics want to know what the person wants. I would also look at a PeACE plan.
1 -
It is advisable to talk to a solicitor to arrange both LPA and the wills, that way there can be no legal comeback on you at a later stage. Regarding LPA it is best to get both variants at once, financial and health. Things can always change and trying to chase up an additional LPA when circumstances have already taken a turn for the worse is just an extra burden and may lead to complications that you do not need.
2 -
Agree with advice to suggest that Aunt and Uncle should arrange LPA and wills through a solicitor, keeping yourselves at arm's length as far as possible.
Signature removed for peace of mind3 -
Also the solicitor can testify at a later date, ( if necessary) that the Aunt and Uncle were of sound mind,( presumably they are ? )and not pressured when the will and LPA's were done
A Family friend was involved recently in a situation where one sibling was largely cut out of their parent's will, due to no contact for years. Both parents also jointly signed a letter, witnessed and held by the solicitor, that explained the reasons behind it all.
4 -
Thanks for all comments and advice.
They are sound mind etc at moment.
0 -
Which is good news, but still best to get a professional involved with the various documents, to prevent future accusations of undue influence.
1
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