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What is a TEP?

Mon, 18 May 2026 08:12:00 GMT

Our managing director Eloise Herdman holds the title of “TEP” (Trust and Estate Practitioner) as a full member of the Society of Trust and Estate Practitioners (STEP) since 2021. This blog explains what a TEP is, and why it is of benefit to our clients.

Our managing director Eloise Herdman holds the title of “TEP” (Trust and Estate Practitioner) as a full member of the Society of Trust and Estate Practitioners (STEP) since 2021. This blog explains what a TEP is, and why it is of benefit to our clients.

What is STEP?

STEP is a global professional body which is comprised of accountants, lawyers, financial advisors and other professionals who help families plan for the future. STEP set high standards and offer training and education to their members; and TEPs are recognised internationally as experts in their field.

Why should you use a TEP?

To qualify as a TEP, an individual must have a combination of experience and specialist qualifications and be able to demonstrate significant involvement with estate administration (probate), estate planning, Trust management and administration, and knowledge of the related taxation.

TEPs are specialists in inheritance and succession planning and the title ensures that you are in the safest of hands. TEPs are members of STEP and are expected to show a significant commitment to their continued professional development in a professional area, and they must comply with an extensive code of professional conduct. They also have access to a global network of 20,000 other professionals, which brings you peace of mind.

What does a TEP actually do?

Some of the work a TEP can help you with is:

Drafting a Will or Trust
Drafting a Power of Attorney
Offering advice on protecting your business
Offer advice on provision for vulnerable persons
Administering an estate, whether a person passes away with a Will, or without a Will

Why is being a TEP held in such high regard?

A TEP has chosen to undertake a specialist qualification in estate administration, taxation, estate and Trust accounting and drafting of Trusts. They are established experts in high net worth estates and complex wealth preservation. They are expected to keep their knowledge up to date to maintain their TEP status and they must complete ongoing training and professional development. Further, Will writing and estate planning can often be undertaken by someone with minimal experience and train. The STEP Code of Professional Conduct is something a TEP must adhere tom meaning they must act with high integrity, transparency and competency. Our Managing Director Eloise Herdman holds the following qualifications with STEP:

Advanced Certificate in Taxation of Trusts and Estates (England and Wales)
Advanced Certificate in Will Preparation
Advanced Certificate in Administration of Estates
Advanced Certificate in Trust and Estate Accounting
Advanced Certificate in Administration of Trusts

What do I do when a Lasting Power of Attorney is no longer an option?

Mon, 18 May 2026 07:43:11 GMT

It is well known that we, as human beings, live far longer than we ever did before. Advances in medical treatments, better lifestyle choices, accessibility to better food and safer working environments all mean that the majority of people live to be elderly before they pass away.

According to Alzheimers Society , age is the strongest known risk factor for developing dementia. When a person is under 65, they have a 1 in 20 chance of developing dementia; however when a person is over 65, the risk doubles every 5 years and dementia affects 1 in 14 people over 65 and 1 in 6 people over the age of 80.

It is estimated that 850,000 people are living with dementia in the UK, and this means increased vulnerability, and an increased need to protect that person and ensure that provisions are made for someone else to make decisions on their behalf, if they are unable to.

Dementia is not the sole reason why someone might lack the ability to make decisions for themselves, however it is the most relatable, and this article explores the options available to appoint another person to manage your finances or health decisions.

Lasting Powers of Attorney

A Lasting Power of Attorney is a legal document which allows the donor (the person making the document) to appoint an attorney or a number of attorneys (the person or people appointed to make the decisions on behalf of the donor) to make decisions relating to either:

Property and Finances; or
Health and Welfare

The documents are governed by the Mental Capacity Act 2005 , which sets out the framework for decision making for individuals who are no longer able to make decisions for themselves. There is a Code of Practice which attorneys should have regard to, and the documents can only be drawn up by an individual who has the mental capacity to do so.

It is important to bear in mind that these documents should be considered at an early stage of life, as asides from the increased risk of dementia as a person gets older, there is also the risk of injury, having surgery or being involved in an accident which means a person is suddenly unable to make their own decisions.

What are the options if someone no longer has mental capacity?

If an individual does not have a Lasting Power of Attorney in place, the alternative is to apply to the Court of Protection for a Deputyship Order. The key differences are:

The Deputy (the person appointed to make decisions) applies for the Order to be made, on behalf of the person who lacks capacity.
Deputies are monitored far more closely than attorneys.
A Deputy must produce an annual report and accounts, which is not the case for an Attorney.
A Deputy must put a security bond in place to protect any loss to the person’s assets as a result of the Deputy’s actions, which is not the case for an Attorney.
The application is far more lengthy and involved.
The application always requires a mental capacity assessment. This may or may not be the case when applying for a Lasting Power of Attorney.
There are substantial costs involved in applying for a Deputyship Order, in comparison with a Lasting Power of Attorney.
The person who lacks capacity loses control over who is appointed, as the Court will decide whether the person who is applying is suitable to act as a Deputy. Someone the person would not have chosen may be appointed, such as a Local Authority or Solicitor.
A Lasting Power of Attorney typically takes 12-16 weeks to register; and a Deputyship Order takes 4-6 months, which means there may be no access to bank accounts in the interim.

Arguably, an individual is safeguarded by a Deputyship Order whereas Lasting Powers of Attorney are subject to abuse, especially since nobody has to be notified an application is being made.

What should I do next if I need help?

At Eloise Mackenzie Law Limited, we can assist with both Lasting Power of Attorney and Deputyship Order applications. To find out more, contact us today.

The article on this site is accurate at the time that it is written and does not constitute legal advice. All comments are made in good faith, and neither Eloise Mackenzie Law Limited nor the author will accept liability for them. Please contact us for more information or advice.

This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Eloise Mackenzie Law Limited 2026.

Big Life Changes - When to update your Will

Wed, 06 May 2026 11:28:58 GMT

Having a Will is vital to ensure that your wishes are known, and your family are protected and provided, when you pass away. Typically people make a Will long before they pass away and this may mean that your Will will need updating during your lifetime if major changes occur. Knowing when might be appropriate to consider changing your Will can help you keep it under review.

Getting Married or Entering into a Civil partnership

Unless you make your Will explicitly in the anticipation of marriage, getting married in England, Wales and Northern Ireland will automatically invalidate any Will you have. This means that any gifts you had previously left in a Will are no longer valid and they will not receive anything. It is important to note that there have been recent recommendations from The Law Commission to abolish this rule and therefore the law around this may change.

Divorce or Separation

While getting divorced will not automatically invalidate your entire Will, it does invalidate any gifts that you may have left to your former spouse. They can no longer benefit from anything you have left to them in your Will. This is an important consideration as if you have named your former spouse or civil partner as your sole beneficiary. On divorce,they will be then treated as if they have died and the law gets to decide how your estate is distributed. It is very important to know that simply separating does not invalidate anything left to them in the Will and they will still be entitled to what is written in your Will.

It is also important to consider how your property is dealt with. If you own your property as joint tenants and one of you passes away, your property will automatically pass to the other person through survivorship. If you would like to ensure that your share of co-owned property passes on to your chosen beneficiaries, you can instruct Eloise Mackenzie Law Limited to assist you further.

Currently if you are an unmarried couple you are not automatically deemed to be entitled to any of your deceased partner’s estate. This is why having a Will is important, to ensure that the assets you own are passed to your chosen beneficiaries.

Having Children

If you decide to expand your family and have children, it is a very big milestone. While having children will not automatically have any direct impact on your Will, it is very common for people to want them added as beneficiaries and decide what gets left to you child/children. In your Will you are also able to add who you would like to appoint as a guardian to take care of your children. By appointing a guardian in your Will you are also able to add a letter if wishes, and this can set out key factors on how you would like your child/children to be raised and can include religious beliefs, schooling and where you would like your children to live.

Significant Changes in your Financial Circumstances/Assets

While a big change such as winning the lottery, inheriting a large sum of money, or buying a property will not invalidate your Will it can have a significant tax implication for you. By changing your Will to reflect this you can effectively tax plan ahead. On the flip side if your financial circumstances change, and you have to sell an asset you were once going to leave to someone, you can change your Will to reflect this.

Even if none of these big changes happen we do recommend reviewing your Will at least every three years and that way you have peace of mind that your estate is taken care of.

If you think any of the above applies to you or may apply to you in the future then please give us a call on 07903 024932 to discuss further, or email info@em-law.uk / paralegals@em-law.uk .

AUTHOR : Georgie Coles

Your Digital Legacy- What happens when you pass away?

Wed, 06 May 2026 11:24:15 GMT

A “digital legacy” is the sum total of all digital information and assets that exist about you after you pass away. It encompasses both tangible digital property with monetary value, such as cryptocurrency; and items of sentimental value, such as social media profiles, email accounts, and photos stored in the cloud. Financial assets such as Crypto-currencies are becoming increasingly popular but without the correct planning those funds can be lost forever.

What happens when you pass away?

The most common social media accounts, such as Facebook and Instagram, will close down an account if they are notified that someone has passed away.

Prior to passing, you can appoint a “legacy contact”. Most social media accounts will ask for a copy of a Will, or proof that you are able to act on the person’s behalf under the “Rules of Intestacy” .

When it comes to digital assets of value, unlike other assets such as bank accounts, it is not always as straightforward as writing to the company in question, and having accounts closed, and assets transferred. If you do not have the correct key for Crypto-currencies the account will stay on the blockchain but it will become permanently inaccessible, meaning anything you have earned will be gone.

How can I Protect my Digital Legacy?

The best way you can protect your digital legacy is by careful planning in your lifetime, and discussing this with a trusted legal advisor, whilst drawing up a Will and/or Lasting Powers of Attorney. As part of your Will, you can appoint a trusted person to deal with your accounts, and your wishes on your demise. It would also be advisable to store with your Will a list of all your digital assets and any passwords/passkeys your Executors might need, or a note for them to locate your passwords, elsewhere; such as in a digital vault.

Considering your digital legacy in your lifetime and taking necessary action to plan for the future will give you peace of mind that all of your assets are taken care of, and take some worry away from your loved ones.

Please call us today if you would like to discuss the content of this article further, or seek further advice.

AUTHOR : Georgie Coles

Strangest Wills of All Time

Wed, 19 Jun 2024 09:05:35 GMT

Testamentary freedom is a right in England to a person to divide their assets in their Will as they wish. Here are some of the most whacky and wonderful Wills we could find, which demonstrates how every circumstance is unique.

Love is like a Red Red Rose

The late comedian Jack Benny left a bequest of a single red rose to be delivered to his widow every day for the rest of her life, since his death in 1974.

Simply the Second Best

William Shakespeare left his widow, Anne Hathaway, his "second best bed"!

To Boldly Go Where No Man has Gone Before

Gene Rodenberry, creator of Star Trek, left instructions to have his ashes scattered via a space satellite orbiting earth which was fulfilled in 1997.

Feline Dusty

The British singer put a wish into her Will that her cat was to be fed imported baby food, serenaded with her songs and arranged for the cat to marry his new guardian’s pet cat.

A Flower is a Smile from Heaven

Self-made millionaire and financier Keith Owen left £2.3 million to keep the seaside town Sidmouth, Devon, in bloom with a million flower bulbs.

The Final Escape

The famous illusionist Houdini made a promise to his wife to contact her after his death and made up a secret message that was known only to her. In his Will, he stated that each anniversary of his death should be accompanied by a spiritual séance.

I Take Thee as my Awful Wedded Wife

Heinrich Heine, a poet from Germany, left his widow Mathilde all of his money under one condition: she could inherit it only if she remarried. Heinrich explained the condition on the gift by saying “Because then, at least one man will regret my death.”

At Eloise Mackenzie Law, no request is too bizarre for us! Email info@em-law.uk or call 07903024932 to get a free no obligation quote.

Funeral Wishes: What are my Options?

Tue, 04 Jun 2024 11:12:11 GMT

When it comes to considering funeral wishes in a Will, the majority of people have not ever thought about what they would want to happen when they pass away.

One option is to let your family decide, and a lot of people often discuss their wishes with their loved ones during their lifetime.

It is difficult to think through grief, and that is why it is a good idea to have something written down if you do have wishes that you would like somebody to be aware of.

Funeral wishes in Wills are not legally binding and if you wish to keep them private, we always advise writing a letter to be stored with your Will; rather than including wishes within the Will itself.

Which brings us to the next question our clients often ask: what are the options when it comes to funeral arrangements? There are so many different options available, and we have highlighted just a few of these below:

(1) Direct Cremation

This does not involve a service, and this is a good option for anyone who does not wish to have the expense of a funeral, or have anyone present. When someone passes, they are simply cremated and their ashes returned to their loved ones. The average cost for direct cremation in 2023 was just under £1,500, with traditional cremations and services costing closer to double of those costs.

FACT: Did you know that David Bowie and John Lennon both opted for direct cremation?

(2) Natural Burial

This is sometimes called a woodland burial, or a green burial; and the person who has passed on is placed in a shroud or a natural coffin and buried in woodland, a forest or a meadow. No embalming takes place and there are no concrete burial vaults or metal caskets, which reduces the environmental impact.

FACT: Peter Stringfellow opted for a natural burial.

(3) Water Cremation

This is not available in the UK yet but it is in other parts of the world. This is eco friendly and involves placing the loved one who has passed into a pressurised tank for approximately 16 hours to be pressed into a powder. The process preserves the integrity of the person who has passed and returns nutrients to the environment.

FACT: Archbishop Desmond Tutu, a dedicated campaigner against climate change, chose water cremation for environmental reasons.

(4) Non Religious Funeral

A non religious funeral celebrates life without any religious elements, rituals or stated beliefs. There is no reference to an afterlife during the service, and no prayers, hymns or religious readings. Anyone can conduct the service; whether that be a celebrant or other friends or family. A non religious funeral can be humanist or family led.

FACT: Comic writer Terry Jones, best known for his work with Monty Python, had a non religious funeral service.

What is legal or illegal in relation to UK funerals?

The law requires only that a body be disposed of by burial, cremation of any other means (section 41 of the Births and Deaths Registration Act 1953) but there are some rules in place:-

1. Cremation can only take place in a licensed crematorium.

2. A corpse must be “decently covered”

This means that it is illegal to cremate someone outside, at sea, or by any other means other than in a crematorium.

If you would like to ensure that your funeral wishes are included accurately in a Will, or a letter to be stored with your Will, then please contact us for further information.

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What Is The Trust Registration Service?

Sat, 20 Jan 2024 12:25:36 GMT

Over the last few years, the Trust Registration Service (TRS) has brought about a significant change in how Trusts are registered and managed. In this article, we will look at the TRS in more detail and explore some of its key features.

What is the Trust Registration Service?

In 2017, the online TRS portal was introduced by HM Revenue and Customs (HMRC) to provide a single platform for Trusts and complex estates to register and provide necessary information and documentation. It is one of the measures introduced by the government to tackle money laundering, tax evasion and other financial crime, by making it more difficult for Trusts to be used for dishonest purposes.

The TRS requires Trusts that are liable to pay UK taxes to register with HMRC and provide details about their beneficiaries, Trustees and the Trust’s assets. One of the key benefits of the TRS is that it increases transparency around Trusts and their beneficiaries, while streamlining the registration process.

Who needs to register their Trust with the Trust Registration Service?

In 2020, further changes were introduced to the TRS requiring all UK-based Trusts that have a tax liability to register with the TRS (unless the Trust is specifically exempted). This includes Trusts that generate income from property and investments, as well as Trusts that receive income from other sources (including rental income or dividends). Usually, the deadline for registering your Trust with the TRS is 31 January after the end of the tax year in which the Trust was created.

What information do Trustees need to provide when registering their Trust?

When registering a Trust with the TRS, in addition to basic details regarding the Trust being necessary, Trustees will also need to provide a range of information including details of any loans or debts owed by the Trust, and the Trust’s Unique Taxpayer Reference number (UTR), if it has one.

What happens if you do not register a Trust with the TRS?

It is a legal requirement for Trustees to register the Trust, but some Trusts are exempted. If you do not register your Trust or keep the details on the register up to date, HMRC enforces penalties. These penalties may include a fine of up to £5,000 if the Trustee deliberately fails to register a Trust on time, or does not keep the online register up to date.

Maintaining the TRS can be time-consuming for Trustees. Additionally, with penalties imposed for non-compliance, we would recommend engaging with a specialist to assist with the registration process and manage any changes for you. If you are unsure whether a Trust needs to be registered, please contact us to discuss this further. We consult to an SRA regulated law firm to complete this work.

The Trust Registration Service is a valuable tool for Trustees who want to comply with their tax obligations and ensure that their Trust is managed in a transparent and accountable way. By providing all the necessary information and documentation in one place, the TRS can save Trustees time and reduce the risk of penalties and fines. If you are a Trustee of a UK-based Trust, please get in touch with us to discuss registering or managing your Trust with the TRS to ensure that you are meeting your legal requirements.

What Is Probate and What Do I Do Next?

Sat, 20 Jan 2024 12:20:36 GMT

Losing a loved one is a painful and confusing time for all of us, and if your loved one was a close relative and they did not leave a Will, or you are an executor under their Will, you may be wondering what you need to do and who you need to speak to.

What is Probate?

Probate is the term commonly used to describe the process of dealing with someone’s estate (their money, property and personal possessions) after they pass away. In simple terms, someone needs to deal with winding up a person’s affairs, from dealing with funeral arrangements, to closing down accounts, selling property, distributing personal possessions and paying any tax that is due.

If someone has passed away without a Will, the law dictates who is entitled to act on their behalf and this person is known as their ‘administrator’. If someone has passed away with a Will, then their Will dictates who should act for them in the event of their demise and this person is known as their ‘executor’. The collective term for both roles is a ‘personal representative’.

The type of document you apply for is slightly different too, depending on whether or not there is a Will in place. The document you need to acquire in most cases (but not all) is a Grant of Representation. This is a court sealed document which proves that you are the correct person with authority to administer the estate of someone who has passed away. If that person has no Will, this is called a ‘Grant of Letters of Administration’ but if they do have a Will, this is called a ‘Grant of Probate’.

The role of the executor or administrator is to collect in assets of the estate, pay any liabilities or tax that it outstanding, and distribute the remainder under the ‘rules of intestacy’ or under the terms of the Will.

The first steps

The important thing to remember is that there is no rush to do anything. As an executor, you have what is called the ‘executors year’ – this allows you 12 months from the date of your loved one’s passing to administer and distribute assets, without any claims for an unnecessary delay. It is important that you do not rush and you take your time to work out what you need to do next and deal with what is in front of you.

After making funeral arrangements, the initial steps to take are:

Register your loved one’s death – you do this at the registration office for the area where your loved one passed away and you can check this on www.gov.uk
Find out if your loved one had a Will – if you are unable to find anything amongst their personal papers, you can write to local lawyers or complete a search on www.nationalwillregister.co.uk
Gather together all information that you can about your loved one’s assets and liabilities, as well as any personal circumstances that might be important, such as estranged children or financial dependants.

Do I need to appoint a professional?

Every person is different, and you may feel confident and comfortable in dealing with the estate administration process yourself; or you may wish to ask us at Eloise Mackenzie Law Limited to act on your behalf. We consult to an SRA Regulated Law Firm for the regulated aspects, so you always have peace of mind.

If you require further assistance, you can contact us for a free initial 30 minute consultation where we can offer general advice and give you a cost estimate for dealing with matters on your behalf.

How Do I Find My Old Will?

Sat, 20 Jan 2024 12:16:08 GMT

It is increasingly common that people write their Wills and when they come to us for a review, they know they have a Will in place but they have no idea who wrote it, where it is, or whether they retained the original themselves.

It is also common for a potential administrator or executor to find themselves in the hunt for a Will for their deceased relative. They might have an idea that the person drew up a Will but they are not always sure. So where do you start if you need to track down a Will?

The law in England and Wales does not currently require Wills to be registered but it can be an arduous task to track them down. Small practices may have closed their doors, been taken over or become amalgamated with another firm and it helps to know what steps to take if you are trying to find a Will.

1: If someone has died, search their home

If you know that the person would have kept their important or sensitive documents in a safe place, you should check there first. If you need to search further, make sure you ask for help or support as if you are grieving this may cause distress to you.

2: Search Will registers run by commercial organisations

Certainty provides a National Will Register. You can complete a search for a small fee by going to the National Will Register online.

There are three levels of searches, and each should be considered carefully.

3: Write to local law firms

It is worth writing to local Solicitors in the area in which you, or the deceased person, lives and checking whether they drew up a Will. If someone has passed away, proof will be required by way of a death certificate before a search will be conducted. If the Will may be yours, you should provide your identification and a letter signed by you to request the return of your documents.

4: Search the Probate Registry

The Probate Registry offer a storage facility and it is possible the Will may be stored here. Some banks offer document storage so it may also be worth checking with the person’s bank.

5: What to do if a firm has closed down

If a firm has closed down or amalgamated and you were not informed, you can try contacting their professional body.

If the Will was prepared by a firm regulated by the Solicitors Regulation Authority (“SRA”) and they have closed, the SRA keep records of intervened firms and who is now holding the documents.

What if you really cannot find a Will?

If it is your own Will and you are drawing up a new one, do not worry too much as your new Will will revoke any former Will although it is good practice to ensure that old Wills are retrieved and stored with new Wills for the sake of clarity and to ensure your last Will is used when applying for Probate.

If someone has passed away and you have a copy of a signed Will, you may be able to apply for a limited Grant of Probate using a signed copy, providing there is no evidence to suggest that Will is revoked. This requires further advice and the Probate Registry may refuse permission.

If you need advice in drawing up your Will, or dealing with the loss of a loved one and administering their estate after they pass away, give us a call today or email us at info@em-law.uk

Can I Write My Will Myself?

Sat, 20 Jan 2024 12:11:50 GMT

In order to save money, especially when the cost of living is so high, lots of people may consider writing their own Wills.

Writing a Will can feel like an absolute minefield in an ever-changing fast world, ruled by technology. Previously, it was more likely that someone would walk into a local law firm and arrange an appointment with a Solicitor to write their Will. DIY Wills were few and far between, with the only option being a DIY pack bought in a stationery shop.

A quick search on the internet shows dozens of companies, promising a professionally drawn Will for under £20 or even something for free. Saving money now can cost greatly later, and this short article explains why.

Technically, a person can write a Will on anything and as long as it is signed and witnessed correctly, then it should be legally binding. But the implications of this are often not explained very well and it is, more often than not, a bad idea.

Common mistakes

In practice, there are many common mistakes often seen in DIY Wills.

1. Incorrect signing

The most common mistake is that a Will is not signed and witnessed correctly, or not even signed at all by the Testator/Testatrix (person who is drawing up the Will). This makes the Will entirely invalid and it is not admissible from the outset.

2. Only one beneficiary

A Will in its simplest form might leave everything to a spouse or partner. DIY Wills often do not examine what should happen if that spouse or partner dies before you do. This can lead to further complications if you each have children from previous relationships, as if Mr Smith dies before Mrs Smith, everything passes to her; but if she then dies without a Will everything passes to her children only, and nothing passes to Mr Smith’s children. If Mrs Smith has no children and no surviving relatives, everything could end up passing to the Crown (bona vacantia).

3. Ignoring foreign assets

The rules regarding domicile and foreign assets can be complicated and this must be taken into consideration by a professional.

4. Witnesses who are beneficiaries

If someone who is benefitting from a Will acts as a witness, then they cannot benefit from whatever has been left to them in your Will.

5. Listing specific assets

While this is not a “mistake” per se, if you list specific items or bank accounts and they no longer exist when you die, this gift will fail. Gifts can also fail because they are not clear. For example, saying “I leave £50,000 to my daughter Hermione and my son Luke” does not show whether you mean £50,000 each, or £50,000 between them.

Furthermore, if you word this incorrectly, your executors may find they have to replace that asset and replace it, if it no longer exists. An example is “I give 400 shares in Netflix to my husband Dominic” – if these shares no longer exist on death, then the executor must purchase these shares at a later date.

6. No consideration of future marriage

Getting married revokes your prior Will and it is therefore extremely important a Will is written in contemplation of marriage, if necessary.

7. Lots of cash legacies

Legacies of specific sums of money are paid from your estate first, before anything else. A common mistake is adding up the value of your estate (for example, £100,000) then making gifts of money reflecting that value (for example, £20,000 to five people). If, in this example, at the time the person dies they only have £50,000 left in their estate, something called abatement happens so the legacies are reduced but there is nothing left over for anyone else. This is not ideal if you are making cash legacies to charity for example, and everything else to your children; and it was not your intention!

These are just some of the reasons why DIY Wills are not a good idea. At Eloise Mackenzie Law Limited, we offer a cost effective fixed fee service and give you invaluable advice; writing a Will which should stand you in good stead for a long time after writing it. Contact us today to find out more.

Enduring Powers of Attorney

Sat, 21 Oct 2023 08:52:44 GMT

Are Enduring Powers of Attorney still valid and useful?

What is an Enduring Power of Attorney?

Enduring Powers of Attorney (“EPAs”) were replaced by Lasting Powers of Attorney on 1st October 2007.

Any EPAs drawn up prior to this date are still valid and they can be registered if someone loses mental capacity to deal with their affairs, but new EPAs cannot be drawn up.

LPAs are governed by the Mental Capacity Act 2005, and someone must certify that you have the mental capacity to draw one up – this was not the case with the old style EPAs.

Why did EPAs change to LPAs?

EPAs are more limited in their scope, and this is why they were updated.

If you have drawn up an EPA, you may wish to consider a new LPA. The main limitations are:

● There is only one type, that deals with finances

● You cannot appoint replacement attorneys

● An EPA is only registered if someone loses mental capacity

What do I do if someone has an EPA and I now need to help them use it?

EPAs can still be registered, and the attorneys must notify the donor and specified relatives of the intention to register the document in a specific order.

A registered EPA can only be revoked by making an application to the Court of Protection.

An unregistered EPA can be revoked using a Deed of Revocation.

Where do I start?

Lasting Powers of Attorney

Wed, 18 Oct 2023 05:27:15 GMT

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (“LPA”) is essential for anyone at any age. LPAs are legal documents that allow you to appoint someone to make decisions for you (called your “attorneys”).

When it comes to finances; attorneys can be appointed either because you would like assistance (for convenience), or because you are no longer able to make decisions for yourself because you have had an accident, an illness, or not become fully conscious again after a surgery. Regarding health decisions, an attorney can only act if you become unable to make decisions for yourself.

Do I need one or two LPAs?

A property and financial affairs LPA gives power to make decisions about things like managing your bank account, paying bills and selling your home.

A health and welfare LPA gives your attorney powers for decisions regarding your daily routine and medical care. You can choose to create an LPA for each of these or for both.

It is also possible to restrict a financial LPA to deal with your business decisions only. See Business LPAs for more information.

What happens without an LPA?

While none of us like to think about the worst happening to us, it is vital to put these documents in place to protect ourselves as well as our loved ones.

Without these documents in place, an application could be made to the Court of Protection to appoint a Deputy. This can be a lengthy and expensive process, and results in a loss of control over who makes decisions on your behalf.

In the short term, having nothing in place could be catastrophic. Bank accounts can be frozen (including joint accounts), bills may remain unpaid for many months, and businesses may fail. Health and care decisions could also be made which do not meet with your wishes.

Who can I appoint as my Attorney?

You can specify who you wish to appoint as your attorney. This could be a relative, friend or a professional. You may choose to appoint the same attorney, to cover both your financial and health decisions. You may also decide to have a different person or people acting under each type of LPA.

Eloise Mackenzie Law Privacy Policy

Sun, 01 Oct 2023 09:06:10 GMT

Privacy Policy

Personal Data

In the EU’s General Data Protection Regulation (GDPR), Personal Data is defined as “…any information relating to an identified or identifiable natural person ("data subject"); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data , online identifier or to one or more factors specific to the physical, physiological, genetic , mental, economic, cultural or social identity of that person.”

How we use your information

The following privacy policy will outline how Eloise Mackenzie Law Limited will collect and use your data. This is done so that we can:

Respond to queries
For the completion of providing services relating to Will writing, Lasting Powers of Attorney and estate or Trust administration
Respond to complaints
Carry out relevant checks using your identification, such as anti-money laundering checks
For invoicing purposes
Contact you regards services, promotions or updates and changes to our business such as contact details
With your permission only we may pass your details to third parties such as financial advisors or accountants (as required)

Why do we need to collect and store personal data?

In order for us to do any of the above, we must collect and store your data firstly for correspondence purposes. We will ensure that the information collected will only be used for its intended purpose and does not constitute an invasion of your privacy.

Eloise Mackenzie Law Limited may wish to contact you for marketing purposes, however we would contact you for additional consent for that purpose if not already given.

What information we might require

We will collect necessary personal data to provide you with the services engaged, and this will include:

● Your identification (name and address)

● Your contact details (postal address, e-mail and telephone number)

● Information about your family circumstances

● Information about your financial circumstances

This data is collated in order to provide you with the best possible service. Please inform us if your data changes during engagement of services with us.

Will we share your personal data with anyone else?

We may need to pass your details onto third parties who are either contracted to, or part of the Eloise Mackenzie Law Limited group of companies. Any third parties who we do pass your details onto are obliged to store your details securely and only process them if responding to queries on our behalf. When the time comes that they no longer require your personal data, they will dispose of this accordingly and in line with our company policy. If we wish to pass your personal data to a third party, we will only do so with your explicit consent, unless we are legally obliged to do so otherwise.

How will we use the personal data we collect about you?

Processing data constitutes as collecting, storing and using. We will process this data in accordance with the GDPR. We will do our utmost to keep your information accurate and up to date and not keep it longer than is necessary. Eloise Mackenzie Law Limited may issue occasional reminders to all customers to keep their contact details up to date and will update them accordingly.

Please be advised that there is information that we are required to keep in accordance with the law, such as information needed for tax and audit purposes. Personal data may be held for longer than these periods, however this will depend on the individual needs of the company.

Under what circumstances will we contact you?

We will only ever contact you when necessary, or when you have requested that we do so. We do not mean at any point to be intrusive or ask for unnecessary information. We will do our best to ensure that the information we hold is as secure as possible to minimise the risk of unauthorised access or disclosure.

Can you find out about the personal data that we hold about you?

If you want to see what personal data we hold on you and how it is processed, you may contact us to request this. This is known as a Data Subject Access Request (DSAR) and you must request this in writing (either by post or email), providing the necessary identification before any information is released. If Eloise Mackenzie Law Limited do store any of your personal data, you may request information on the following:

Identity and the contact details of the person or organisation that has determined how and why to process your data. In some cases, this will be a representative in the EU.
Contact details of the GDPR owner, where applicable.
The purpose of the processing as well as the legal basis for processing.
If the processing is based on the legitimate interests of The Society of Will Writers or a third party, information about those interests.
The categories of personal data collected, stored and processed.
Recipient(s) or categories of recipients that the data is/will be disclosed to.
If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
How long the data will be stored.
Details of your rights to correct, erase, restrict or object to such processing.
Information about your right to withdraw consent at any time.
How to lodge a complaint with the supervisory authority.
Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
The source of personal data if it wasn’t collected directly from you.
Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

What forms of ID will you need to provide in order to access this?

Eloise Mackenzie Law Limited will accept the following forms of ID when information on your personal data is requested:

Passport or Photo Driving Licence
Utility Bill (from the last three months); or Bank Statement

Contact details of the GDPR Owner

If you wish to submit a DSAR, or have any questions regarding this privacy statement, you must do so in writing using the following information.

Address:

Mrs Eloise Herdman, Eloise Mackenzie Law Limited, 1 High Street, Godalming, Surrey, GU7 1AZ

Email:

info@em-law.uk

Telephone:

07903 024 932

Use of cookies on our website

To make this site simpler, small data files are placed on your computer. These are known as cookies. Most big websites do this too.

They improve things by:

remembering settings, so you don’t have to keep re-entering them whenever you visit a new page;
remembering information you’ve given (e.g. your postcode) so you don’t need to keep entering it;
measuring how you use the website so we can make sure it meets your needs.

Our cookies aren’t used to identify you personally. They’re just here to make the site work better for you. Indeed, you can manage and/or delete these small files as you wish.

You can opt out of Google Analytics cookies for all sites .

To learn more about cookies and how to manage them, visit AboutCookies.org .

i) First Party Cookies

These are cookies that are set by this website directly.

We use Google Analytics to collect information about how people use this site. We do this to make sure it’s meeting its users’ needs and to understand how we could do it better. Google Analytics stores information about what pages you visit, how long you are on the site, how you got here and what you click on. We do not use cookies to collect or store your personal information (e.g. your name or address) so this information cannot be used to identify who you are.

There are also cookies that store basic data on your interactions with the CMS running this website.

ii) Third Party Cookies

These are cookies set on your machine by external websites whose services are used on this site. Cookies of this type are the sharing buttons across the site allow visitors to share content onto social networks. Cookies are currently set by Twitter, Facebook and Google+. If you want to prevent sites setting third party cookies, instructions to do so are here .

iii) Log Files

Log files allow us to record visitors’ use of the site. These logs are automatically generated from all our visitors, which we use to make improvements to the layout of the site and to the information in it, based on the way that visitors move around it. Log files do not contain any personal information about you.

Links to other websites

Our website contains links to our partners, as well as other external sites. You should note, that if you click through to any of these external sites, we do not have control over that site (unless it is a website which forms part of the Eloise Mackenzie Law Limited Group of companies.) We cannot be responsible for the protection of any information that you provide to these other websites as they are not governed by this privacy statement. You should always exercise caution and look at the privacy statement of whichever website it is that you are visiting.

Policy Changes

Eloise Mackenzie Law Limited reserves the right to change this privacy policy and will post any revisions on the web site: www.em-law.uk. Your continued use of this web site will be subject to the then-current privacy policy.

Probate (Estate Administration)

Sun, 01 Oct 2023 05:27:15 GMT

If you are feeling lost, confused or struggling to cope in your role as executor, we are here to help you through this difficult time.

Probate is the term commonly used for the process of administering the estate of a loved one when they pass away.

At Eloise Mackenzie Law, we can assist you whether your loved one passed away with or without a Will. We can assist with administering an estate from start to finish, and consult to a regulated law firm (regulated by the Solicitors Regulation Authority) to apply for a Grant of Probate or Grant of Letters of Administration on your behalf.

We pride ourselves in being different to the majority of high street law firms, and here's why:

We offer an honest and low cost service – we do not charge time in six minute time blocks, but only charge you for the real time spent in dealing with your file.

We also offer a free half an hour initial consultation to discuss matters generally and will provide you with a personalised cost estimate before starting any work.

We will offer you the option to do as much or as little as you would like to do yourself, especially if you are conscious of costs.

We do NOT charge a percentage of the gross value of the estate in addition to our fees.

We genuinely care about our clients and providing the best option for you.

Will Writing

Sun, 01 Oct 2023 05:27:15 GMT

Writing a Will is important for many reasons. This short article gives further insight into the service that we offer.

What is a Will?

Writing a Will is something most of us tend to put off, eternally staying at the bottom of a “to do” list.

A Will is a legally binding document that ensures your assets are divided exactly as you wish when you pass away, and eases the task for those left behind.

If you do not have a Will in place, the law dictates who should inherit and how much they receive. This is known as “the rules of intestacy”. The law does not deal with personal items, funeral wishes or who looks after your minor children; and makes no provision for unmarried partners, step-relatives or friends.

A Will is a legally binding document that sets out:

(1) Who deals with everything for you when you pass away

(2) Who cares for your children and/or pets, and

(3) Who receives your money and belongings

Wills are not just for people who own a home, have investments or who are elderly or unwell.

There are many key reasons for writing a Will, such as:

• Gifting personal or sentimental items

• Deciding who acts on your behalf

• Making sure pets are looked after

• Appointing guardians for minor children

• Protecting unmarried partners (who do not benefit automatically without a Will)

• Protecting children from previous relationships

• Protecting vulnerable or disabled beneficiaries

• Ensuring a business continues, or is wound up

• Disinheriting estranged relatives

• Ensuring your estate passes in a tax efficient manner

What is a simple Will?

This list gives an idea of whose circumstances might fall within the remit of a simple Will:-

• Anyone who has not been married previously; or have, but have a “clean break” order regarding finances

• Anyone with no children from previous relationships

• Individuals leaving no personal items or cash legacies; or a small number of items

• Individuals whose beneficiaries are not vulnerable or disabled

• Individuals who are UK domiciled, who do not own a business and who are not disinheriting anyone.

What is a complex Will?

This list is not intended to be exhaustive but sets out some circumstances that fall within the definition of complex Wills:-

• Individuals who are separated but not divorced, or with children from previous relationships

• Individuals leaving a vast amount of personal items or cash legacies

• Individuals with an estate worth more than £500,000

• Couples with an estate worth more than £1,000,000

• Anyone disinheriting relatives such as spouses or children

• Individuals with beneficiaries at risk of bankruptcy or divorce, or who are spendthrifts

• Anyone with vulnerable or disabled beneficiaries

Will I need to change my Will in the future?

We advise reviewing your Will every three to five years and we offer a free review.

If you have experienced a major life change such as becoming a parent, receiving an inheritance or starting a business, then it is advised that you review your Will straight away.

Where do I start?

Statutory Legacy Changes 2023

Sun, 02 Jul 2023 11:34:31 GMT

Recent studies suggest that over half of UK adults do not have a valid Will in place. If you do not have a Will, this is known as “dying intestate”, meaning all of your property and belongings passes under a set of rules called “the rules of intestacy”. These rules will ultimately decide what happens to your estate and your loved ones.

The Statutory Legacy is the sum the surviving spouse or civil partner, of a person who passes away without a Will and has children, is entitled to receive. Any remainder of the estate is then shared between the spouse and their children. From the 26th July 2023, to accommodate for the rate of inflation increasing dramatically since the Statutory Legacy was last revised in 2020, the Statutory Legacy sum increased to £322,000 from £270,000.

Although the rules of intestacy allow certain family members to be provided for, without a Will, it is not possible for an individual to make express wishes as to how they would like their assets distributed when they pass away. While the increased statutory legacy is intended to support surviving partners, it is crucial to understand that it may not always align with an individual’s specific wishes. Having a valid Will in place therefore allows individuals to exercise greater control over the distribution of their assets.

Not only does creating a Will provide peace of mind by knowing that your wishes will be respected and your loved ones will be provided for after your passing, it can also help prevent potential disputes among family members regarding the distribution of assets.

Furthermore, a valid Will allows for specific bequests to be left to individuals, such as sums of money or particular items of sentimental value. When it comes to tax planning, a well written Will can help minimise the tax burden on your estate, potentially saving your beneficiaries from unnecessary tax liabilities. Professional advice can ensure your Will incorporates effective tax planning strategies.

Here at Eloise Mackenzie Law Limited, we have a wealth of experience drafting simple and complex Wills. We will be able to ensure that your Will includes provision for those that you love and any specific financial requests or otherwise that can be accommodated for.

If you would like to get in touch to arrange a complimentary 20 minute no obligation call, we would be delighted to hear from you.