I often have clients say to me that they do not need a Power of Attorney as they are not old enough to need one yet, and when the time comes they will make one.

A common question asked by clients when we are advising on the administration of a person’s estate is “What is Probate?”

Challenges to a Will often involve issues of testamentary capacity, knowledge and approval and undue influence.

It is correct to say that we can all decide not to make a Will or to make a Will leaving our assets to whoever we please (after liabilities and any tax is dealt with).

In simple terms challenging the validity of a will or a claim relating to a grant of probate is a ‘probate claim’. Special procedural rules apply.

I am often asked, what is the benefit of having a Lasting Power of Attorney?

Cases involve issues such as execution of the will, testamentary capacity and undue influence.