A F Hill Solicitor

*Based in Southwark.  Also covering the London boroughs of Lambeth, & Wandsworth*

A F Hill is a different kind of solicitor. Different because we really do care about our clients and their wellbeing. Different because we offer experienced personal legal advice, with a modern and friendly approach, more personable. Different because we see things from your position, to help take the stress out of dealing with legal matters without it being too complicated.

1. Wills

The only way to ensure that wishes are carried out after death is to leave a will. If a person dies without a will in place, the law currently dictates how the estate is to be distributed which can cause unwanted results. It is also important that, having made a will, it is kept under regular review to ensure that the will takes into account changing family circumstances.

We are able to assist with the drafting of a will, whether the affairs are straightforward or more complex. We are also able to advise on the use of wills as an effective tax planning tool and, as to the inclusion of trusts within a will where appropriate.

2. Living Wills

A living Will is a written statement where you may personally set out which treatments you feel you would, or wouldn’t wish to receive if you were to lose mental capacity.  It is not legally binding but health professionals are required to take these wishes into account when deciding your treatment.  A living Will may be made verbally but a written document is preferable.

3. Power of Attorney

Whilst everyone is aware that they should perhaps make a Will, little (if any) thought is given to preparing for unforeseen events which could happen during your lifetime.

Consider what would happen if you were perhaps incapacitated due to an accident or you had a stroke and were unable to express yourself. Perhaps you are struggling to sign cheques or are going abroad for a period of time.

If you wish someone you trust to be able to deal with your finances and deal with your property you may execute a Power of Attorney. This document could be limited to allow your appointed ‘Attorney’ to be able for example to deal with a house sale if you are abroad or sign cheques on your behalf. It may only be used in the way you specify and whilst you retain your mental capacity.

There are two types of Lasting Power of Attorney – one deals with your financial matters and property and the other deals with personal and welfare decisions.

4. Probate and Administration of Estates

What is probate?

In the UK, when a person dies, their assets are frozen. These can only be accessed by the deceased's Personal Representative (PR) who administers theirs estate. PRs can be appointed in a Will. Where this is the case, they are officially known as the Executors. If there is not a valid Will, the PRs are known as Administrators and there are rules determining who may take on this role.

5. Court of Protection Applications

If someone is mentally incapable of making a particular decision at a particular time and they have not made a Lasting Power of Attorney or an Enduring Power of Attorney the Court of Protection can be applied to and it will either make the decision itself or it will appoint a Deputy to make those decisions which the individual is unable to make.

What does the Court of Protection do?

The Court of Protection makes decisions for people who are unable to do so for themselves. It can also appoint someone (called a deputy) to act for people who are unable to make their own decisions. These decisions are for issues involving the person's property, financial affairs, health and personal welfare.