- Wills
- Probate
- Power Of Attorney

Why should you make a will?

  • By making a will, you can ensure that you leave behind specific instructions as to where you would like your money, property and possessions to go.

  • Also, this will allow you to choose an executor to carry out your instructions.

  • In a will you have the option of adding a guardian for any dependents such as children. The role of a guardian will be to manage your assets and possessions on behalf of your dependents up to the point that the dependents are in a position to receive the same. Without a will you lose control of who your possessions end up with.

  • Making a will

  • Here at Cartman and Ross Solicitors we understand that making a will can be daunting, however we will make it as straightforward as possible. If you ever need to amend your will due to circumstances such as marriage or divorce, we can update your will accordingly.
    Our promise is to handle all of your requirements both sensitively and efficiently, whilst explaining each legal aspect in a simple and straightforward manner.

  • What is Probate?

  • Probate is the distribution of the deceased’s property, money and possessions.

  • If your executor is unable to perform the role or they refuse, then the responsibility falls to your next of kin.

  • The executor will apply to the probate registry for authorisation to distribute your assets as well as taking on the complicated task of understanding all the terminology and documents.

  • This is the reason that many people choose a solicitor to act as the executor as they are experienced in sympathetically handling the affairs of the deceased to relieve the burden from a grieving person. If required, we can also offer our services to guide you through the process.

  • If you need legal advice when appointing an executor, then we can assist in making a suitable selection when drafting your will.

  • What is Power of Attorney?

  • A Lasting Power of Attorney is a legal document which gives authority to the Attorney to make specific decisions on behalf of another person.

    The Lasting Powers of Attorney replaced the Enduring Powers of Attorney in 2007 and is a more versatile document.
  • Two types of Lasting Powers of Attorney

    • Property and Affairs – This gives authority to the attorney to deal with your property and finance as you specify before capacity is even lost.

    • Health and Personal Welfare- This allows your attorney to make decisions on your behalf regarding health and welfare in the event that you lack the mental capacity to do so.

    • It is crucial that when you choose an attorney that they are trustworthy and have the necessary skills to make beneficial and appropriate decisions on your behalf. If you choose to have more than one attorney you can instruct them to work together or independently depending on the circumstances.

    • When can your attorney act?

    • Your appointed attorney can only begin to act once you have both signed a document that has been independently witnessed by a ‘certificate provider’. This is so that you understand the nature and scope of the document and to ensure that you haven’t been forced to sign the document. It also needs to be registered with the Office of Public Guardian.

    • Why should you make a Lasting Power of Attorney?

    • It is important to make a lasting power of attorney as the future is unpredictable. This document will ensure that your assets are handled by someone you trust.

      These are not only restricted to the elderly and infirm. They can be beneficial to everyone who wishes to secure the management of their assets and possessions.