Knowledge Hub | Articles

07 May 2020

The new normal: Creating Wills and LPAs during the pandemic

Lockdown and social distancing rules are not coming to an end overnight. There is to be gradual relaxation over the next few weeks and months, as life very slowly adjusts to the ‘new normal'.

The  Covid-19 crisis is encouraging more people to think about their future, such as choosing a trusted friend or family member to act under a Lasting Power of Attorney (LPA) should they lose capacity and they need someone to look after their affairs. Others are wishing to create a will to protect their loved ones after they die. 

Anyone thinking about a Will or LPA is urged to seek bespoke, professional advice from a lawyer. It might be tempting to choose a do-it-yourself option during lockdown, but there is a much higher risk of your wishes becoming invalid as the legal processes may not have been followed and the intestacy rules could apply. As this is one of the most important decisions you’ll ever make, a lawyer will encourage you to think about options that you might not have thought about and enable your decisions to be as tax efficient as possible.

How can a B P Collins lawyer help? 

  • Although LPAs can be created without a Lawyer, we can fully explain the pros and cons and what an LPA means for the donor. 
  • We can make sure that the client has capacity to understand the process and that there is no undue influence involved.   
  • We can act as a sounding board when you are deciding who to appoint as an attorney or how to deal with your estate under the terms of your Will.  
  • We ensure there are no mistakes and that the documents are correctly executed, getting this wrong can invalidate the Will or LPA.
  • We make sure you get it right and that your wishes are accurately recorded.  A home-made Will may not work in the way the testator expected, if the incorrect words or phrases have been used.
  • We look at the whole picture, establishing your overall aims and considering how best to achieve those while identifying any potential issues and tax considerations.
  • We can be appointed as attorneys, executor and trustees, in more complex situations. 
  • We can add an extra safeguard by safely storing the Will or LPA for you.  

Recording your wishes during lockdown with B P Collins

The recent social distancing measures introduced as a result of Covid-19 has changed the traditional approach of gaining legal advice. B P Collins’ solicitors are offering virtual or phone appointments to those wishing to make a Will or create an LPA.

The meeting via video or phone will be used to take your instructions, ask questions and receive some options and inheritance tax advice if appropriate. Following that meeting, we will send a draft legal document for you to review. Once happy we can send out the document for signing with detailed instructions, which adhere to the most recent social distancing guidelines.

B P Collins’ team of qualified wills, trusts and probate lawyers are both regulated and insured for the work we do.  We have a duty to keep our legal knowledge up to date to give you peace of mind and to deal with any queries you may have.

For further information or advice please contact Lucy Wood on 01753 889995 or email enquiries@bpcollins.co.uk

Lucy Wood

Lucy Wood

Tel: 01753 278650 | 07976 467466

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