Our services
We specialise in private client law, and promise to deliver a
professional yet friendly and empathetic service; providing security for your future, and the future of your family.
Will Writing
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.
Probate
(Estate Administration)
If you are recently bereaved and you are feeling lost, confused or struggling to cope in your role as executor, we are here to help you through this difficult time.
We offer a uniquely friendly service and explain everything in simple terms.
Lasting Powers 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”).
Click here to find out more about our Lasting Powers of Attorney service.
Business
Lasting Powers of Attorney
Lasting Powers of Attorney are legal documents allowing you to appoint someone else to manage your affairs on your behalf either because you do not wish to do so yourself; or because you have lost mental capacity.
Often, it is not appropriate to appoint the same person to make both personal financial decisions and business decisions on your behalf and a separate document is needed to deal with your business affairs.
In short, drawing up a Lasting Power of Attorney for your Business ensures continuity. Most people do not realise how quickly debts will be recalled if a business owner loses mental capacity, which in some circumstances, can leave your family at risk.
It is also a really useful document if you wish to retain ownership of your business but appoint someone else to run it for you without formally appointing them as a director or selling or transferring your business.
Enduring Powers of Attorney
Enduring Powers of Attorney (“EPAs”) were replaced by Lasting Powers of Attorney on 1st October 2007.
Existing EPAs can still be registered, but new ones cannot be drawn. It may be advisable to consider drawing up new Lasting Powers of Attorney instead.
Click here to find out more about our Enduring Powers of Attorney service.
General Powers of Attorney
A General Power of Attorney is a legal document which, like an LPA, authorises someone to make decisions on your behalf however the key difference is that their power ends if you lose mental capacity.
A General Power of Attorney can be limited to deal with a specific transaction, or it can be general. Most people use these documents for a specific transaction such as the purchase or sale of a property. The document also usually ends on a specified date.
Severance of Joint Tenancy
The way in which you own the property can become extremely important if you are writing a Will, or if you are going through a separation or divorce.
If you own a property with other people as joint tenants, you all have an equal share of the property and it will pass automatically to other owners if you die, irrespective of what you write in your Will or any other document.
If you wish to ensure you own a separate share (or to ensure a Trust in your Will will take effect) you need to own your property as tenants-in-common. This means that you can own unequal shares if you wish, your share does not automatically pass to anyone else and you can gift your share in your Will.
This does not remove the other owners from the title, but just means that you can each now gift your share of the property to whoever you wish. This is extremely important if you are in the process of a separation or divorce and you own a property with your partner, civil partner or spouse as if you die they may inherit your share and that may not be desirable.
The service we provide includes Land Registry searches, serving notice on the other party (if required) and making the application to the Land Registry.
We will also forward on the updated Title Information Document to you on receipt.
Chosen Charities for 2024
Contact us today for a free no obligation initial consultation
We strive to offer a solution to meet with your requirements. We offer a free 15 minute initial call to discuss your needs and provide you with our process and costs.
T: 07903 024 932
E: info@em-law.uk
Correspondence only: 49 Station Road, Polegate, East Sussex, BN26 6EA
