Glossary

The person appointed in a Power of Attorney (PoA) to act on someone else’s behalf.

Beneficiary

An individual or organisation (including a charity) that benefits through a Will, or a blood relative who benefits by default under the Intestacy Rules if you don’t make a Will.

“Common Law” spouse

Sadly there is no such thing! Spouses and Civil Partners have fixed rights to inherit under the Intestacy Rules – partners and cohabitees do not.

Court of Protection & Office of the Public Guardian (OPG)

The branches of the Court that supervise the welfare of individuals who lack capacity to make decisions for themselves. The Court of Protection also authorises the appointment of “Deputies” to manage someone’s affairs if they have not made an appropriate power of attorney.

Deed of Variation

In some cases it is possible to redirect an inheritance – either received through a Will or under the Intestacy Rules. This is often done to retrospectively protect an inheritance or to make maximum use of an available IHT exemption or relief that would otherwise have been missed.

To be effective (for IHT purposes) a Deed of Variation must be signed within 2 years of the date of death of the person who made the Will or died Intestate.

Domicile

UK IHT is governed by the concept of Domicile, which is very different to “residence” for income tax purposes. Domicile is more about your state of mind and where you consider to be “home”. You automatically start with the Domicile of your father but this can change, although not always easily.

Where you are Domiciled can make a big difference for IHT purposes – if you have assets abroad. If you are UK Domiciled you are subject to IHT on your worldwide assets but if you are non-UK Domiciled you are only subject to IHT on your UK assets. Domicile can also affect whether the full spouse/civil partner exemption is available.

Capacity

Any legal decision – for example making a Will, granting an LPA or signing a contract – requires an appropriate level of understanding of the legal issues and implications. This is called “capacity”.

The law requires that each decision is looked at in isolation, so it is possible to have capacity for one type of decision but not another. Generally, a more complex decision needs a greater degree of capacity otherwise it will not be valid or enforceable.

Intestacy

Dying without a Will, or where you Will fails to deal with part, or all, of your estate. Such a situation is called dying “Intestate”.

Intestacy Rules

The statutory order of entitlement by blood relatives to your estate if you die Intestate.

Lasting Powers of Attorney (LPA)

The only type of Power of Attorney (other than an EPA) that remains valid and usable if you lose capacity – all other types of Power of Attorney cease to be effective at that point and can no longer be used. There is one type of LPA for financial matters and another type of LPA for health/welfare matters.

Power of Attorney (PoA)

A legal document through which you can appoint other people (attorneys) to act on you behalf. There are lots of different types of PoA, including Lasting Powers of Attorney.

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01.

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Click here to schedule an initial consultation. You can also call Tim on 07738 252412 or email him at timc@thomasbartram.co.uk to book an appointment.

02.

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03.

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04.

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Cristina F

I was in a hurry to write a Will and Thomas Bartram acted on it immediately, extremely sensitively and explained all options very clearly. I did not feel in the least pressurised or rushed and soon felt completely reassured that I was in the right hands to secure my peace of mind. I thoroughly recommend Thomas Bartram and would not hesitate to return for further services.

Cristina F

Colin B

Exceptional service. I was worried I wouldn’t understand the legal jargon but Tim explained everything clearly. I feel very relieved that my affairs are now all in order. He completed my Will and the health and financial Lasting Powers of Attorney. I would definitely recommend Tim.

Colin B