When some children in the stepfamily have different surnames, the parent and stepparent may want everyone in the new family unit to have the same surname. However you cannot simply change a child’s last name when you remarry or set up a new partnership.

There is a common misconception that it is simple and straight forward for a parent to change their child’s surname by deed poll. This is not the case. The law is clear on the matter. Read more →

We have heard of instances where staff in some banks and other financial institutions are making it difficult for people who need to operate accounts on behalf of elderly parents or other family members via a Power of Attorney.

Bank staff sometimes lack the training to deal with the Powers of Attorney and this can lead to delays with the Powers of Attorney being implemented. This can cause a great deal of anxiety and stress for families at what is already a difficult time.

Every bank and building society will have its own process for dealing with a Power of Attorney and you may be able to look online to ascertain the Bank’s requirements.

The first step you should therefore take is to book an appointment with the financial institution concerned and explain what you need to do. You should ask them to confirm what documents they will need you to bring to the meeting. As well as sight of the original Lasting Power of Attorney or certified copy of it, they will usually request you bring in identification documents i.e. a passport or driving licence and a council tax or utility bill.

Once you are registered as an attorney, the bank will then forward all correspondence to you. Some banks may then issue you with a cheque book and Card to enable you to deal with the donor’s account ongoing.

However should you require any further information with regard to making a Power of Attorney, then please contact our Wills and Probate Department on 01267 237441 (option 2). We offer competitive fixed fees for this service and can also arrange home visits if required.

 

 

We are delighted to announce that we have today received confirmation that our reaccreditation application to the Law Society’s Wills and Inheritance Quality scheme (WIQS) has been approved for another year.

WIQS is the Law Society’s best practice quality mark for wills and estate administration advice that demonstrates our commitment to the highest standards of competence and client service. The scheme is based on a protocol that sets client service standards in terms of how we deal with the matter, the costs and in how we communicate with our clients. It outlines required practices for will drafting, probate and estate administration to help address common risks, errors and inconsistencies.

We are very proud to still be the only Legal Practice in Carmarthen to have gained this quality mark.

 

 

When someone dies, it is often necessary to obtain a Grant or Probate or Letters of Administration to deal with their estate (i.e. their property, money and/or possessions).

A Grant of Probate gives the Executors named in a Will the legal right to sell, gift or otherwise dispose of the deceased’s estate in accordance with their Will. Letters of Administration, on the other hand, are necessary where the deceased did not leave a Will or where there is a Will but no Executors are appointed. In this instance there is an order, laid down by statute, as to who can make the application to obtain Letters of Administration. Priority is given in the following order: a surviving spouse, children, grandchildren, surviving parents, siblings, nieces/nephews and then any other relative.

A Grant of Probate or Letters of Administration may not be required where assets pass to the spouse or civil partner due to them being held in joint names (for example, a joint owned property or a joint bank account). However, every financial institution has its own rules and therefore there is no guarantee that a Grant of Probate or Letters of Administration will not be required. Where any property was owned solely by the deceased or substantial funds are held in the deceased’s sole bank account, a Grant of Probate or Letters of Administration will almost certainly be required.

For informed and comprehensive advice in relation to obtaining a Grant of Probate or Letters of Administration, please telephone 01267 237441 (Option 2) to arrange an appointment with our experienced Wills & Probate team.