Our Services |
| Mobile law firm offering specialist legal services relating to:
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Free secure and fireproof storage of wills, codicils, funeral plans, powers of attorney, property title deeds and other important legal documentation.
Flexible office hours and free mobile service within a 10 mile travelling distance of Scarborough, North Yorkshire.
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Wills and Codicils including Inheritance Tax Planning/Advice |
Almost everyone over the age of 18 should make a will and review that will regularly. A will is a document that allows you to provide for the distribution and administration of your estate (all of your property/assets not just bricks and mortar but cash, savings and personal possessions too) after your death. If you are a parent it is also possible for you to appoint a Legal Guardian for your infant children within your will in the event of your early death.
If you have not made a valid will then on your death the law dictates who inherits your estate and this may well be some unknown or disliked relative or, if you have no relatives, the state. The law does not recognise long-term partners or friends as potential beneficiaries. |
You can revoke or amend your will at any time. A codicil is the name of the document you can use to make minor amendments to an existing will and you can make more than one codicil. Please note, you are not restricted to return to your original solicitor for future amendments – Appleby & Co. may be able to help amend your existing will – just ask!
It is recommended that you review your will at least once a year and Appleby & Co. are more than happy to assist you in that review, with no obligation. More often than not amendments will not be necessary, but sometimes changes in your family circumstances or to a beneficiary or executor’s circumstances (such as a marriage, divorce, civil partnership, dissolution of civil partnership, birth or death) could mean that a revision is necessary.
If you have recently married or entered into a civil partnership, your previous will may have been automatically revoked – it will be necessary for you to make a new will and possibly consider joint wills, depending upon your circumstances.
Changes in your financial circumstances are also relevant as it may be prudent to incorporate some Inheritance Tax (IHT) planning within your will or such provisions may no longer be necessary.
Appleby & Co. can assist in the preparation of a new will, amending an existing will, IHT planning or advice or simply to provide free storage of your existing will and/or codicil. We can also safely store your pre-paid funeral plan or deed relating to a family burial/cremation plot with our free document storage service.
Please contact us for a free no obligation quote.
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Administration of Estates including Grant of Probate and Grant of Letters of Administration |
| If a friend or family member has recently passed away then Appleby & Co. can help you administer their estate. We offer a compassionate service at a difficult time including practical and legal advice and assistance – you can contact us at the same time as the undertaker, or later when you are feeling more able to deal with the paperwork side of matters. We are here to meet your needs and you should not hesitate to call us with any question you may have – if we can help, we will.
If the deceased person had property, cash and effects with a combined value of over £5,000 then it is likely a grant of representation will be needed – this is either a grant of probate if there is a will or a grant of letters of administration if there is no will (i.e. the person died interstate). |
Every estate will have one or more personal representative – this is either the executor or executors named in the will or the administrators appointed by law.
Appleby & Co. can advise the personal representatives and assist in obtaining the appropriate grant of representation or in simply administering the estate if a grant of representation is not necessary.
We can also advise on and prepare a deed of variation if this is appropriate.
The personal representatives have a choice to administer the estate of their own accord or to instruct a solicitor of their choice. If the deceased left a will with a firm of solicitors then you are not necessarily restricted to instructing that firm to assist you in your role as personal representative. Appleby & Co. can advise you. Contact us to find out more.
If you have recently inherited some money or property or are the beneficiary named in a will of a person who has recently died you should also consider making a will or reviewing your existing will.
Please contact us for a free no obligation quote.
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Powers of Attorney including LPA/ Deputyship Orders and Mental Capacity Act/ Court of Protection |
The Mental Capacity Act 2005 (MCA) was fully implemented in England in October 2007. This Act replaced the law relating to Enduring Power of Attorneys (EPA) and Receivership Orders with new provisions for Lasting Power of Attorneys (LPA) and Deputyship Orders.
A valid EPA must have been entered into and completed prior to October 2007. It is possible to continue using or start using a valid EPA now and any Attorneys should be aware of their obligation to register their use of the EPA with the Office of the Public Guardian in the event that the Donor (the person who made the EPA) loses their mental capacity. Appleby & Co. can assist with the registration of an existing EPA if, or when, the need arises.
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The law relating to general power of attorneys has not altered and it is possible to make a power of attorney for specific circumstances, e.g. Mrs A could still give authority to Mr B via a power of attorney to sign the documents relating to the sale or lease of a particular property. However, if whilst that power of attorney is being used for any reason Mrs A loses her mental capacity (e.g. dementia or brain injury) then the power of attorney is no longer valid. This general type of power of attorney only continues whilst the Donor (in this case Mrs A) maintains mental capacity.
Since the beginning of October 2007 the only power of attorney you can make that continues or lasts beyond mental incapacity is the Lasting Power of Attorney. You can make an LPA at any time of your life provided that you have the relevant mental capacity and it continues (even beyond mental incapacity) until your death. It is possible to revoke an LPA whilst you still have mental capacity and, in contrast to the EPA, it is a legal requirement that all LPAs are registered with the Office of the Public Guardian before they are used, regardless of the Donor’s mental capacity.
There are two types of LPA – one relating to Property and Affairs, and the other Personal Welfare.
If a person has lost mental capacity without making an EPA or LPA then it may be necessary to apply to the Court of Protection for a Deputyship Order or to appoint an Appointee via the Department of Work and Pensions for assistance with state benefits.
As with the LPA, a Deputyship Order can relate to your property and affairs or your personal welfare matters, e.g. health and social care decisions.
The Mental Capacity Act also allows you to make an Advance Decision about refusing future medical treatment in certain specific circumstances.
Appleby & Co. offer a full range of legal advice/assistance relating to powers of attorney, the Mental Capacity Act and advance decisions.
Please contact us for a free no obligation quote
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Property/ General Affairs/ Miscellaneous Matters including free storage |
A range of property and residential conveyancing services are available from buying, selling or re-mortgaging your home or second house to transfers of ownership, registration at HM Land Registry, the preparation of your Home Information Pack (HIP) or severance of your joint tenancy.
We offer a General Affairs assistance scheme for advice and practical assistance with day to day administrative tasks such as paying care home fees and utility bills – this is a service especially designed for the elderly or physically disabled but available to everyone.
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As a qualified solicitor holding a current Practicing Certificate, Jessica Appleby is a Commissioner for Oaths and thereby entitled to administer affidavits etc.
Secure fireproof storage is available for storage of your property title deeds, wills, power of attorneys or other legal documents free of charge.
If you have any questions or queries or would like a free no obligation quotation, do not hesitate to contact us today.
We have contacts with other law firms and lawyers who we are more than happy to recommend in the event that you require a legal service (private or commercial) falling outside our remit.
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