Advice Now! 

At Pro-law, we always strive to assist our clients in resolving their legal issues. However, if we do not provide a particular area of law, other routes may need to be taken.

If we can’t help, then try visiting Advice Now:
“We equip individuals and communities to deal effectively with life’s legal problems. We do this by providing legal support including easy-to-use information, legal self-help tools, and education and training to help people make sense of the law. We research what works, and collaborate with others to challenge justice problems through policy and campaigns work.”

Advice Now value providing legal education for the public, which we feel mirrors our own aims. 

Click here: https://www.advicenow.org.uk/

The Client Care Procedure – What to Expect

Client care procedures vary in each company. By writing this blog we hope to give you an insight as to what you can expect by using our services, and the type of professional interaction you could be receiving from other legal professionals. By following these steps, we feel our business provides a high-quality service to our clients.

Please note, that with our Wills and LPA services, we send out a questionnaire to the client beforehand to ensure important details are captured before the meeting, this is so we can give an accurate costing dependant on the complexity of the matter.

1. Free consultation (of up to 1 hour)
   We offer a free no obligation consultation with our clients before they commit to working with us, this is to help build trust with our clients and ensure they are comfortable in using our firm for their legal issues.

2. Client care letter
   If it has been agreed that the client would like to instruct us our next step is to send our formal client care letter to them, which outlines the details from the meeting above to ensure that both our firm, and our client have understood the needs correctly and there is a clear plan going forward. Within this client care letter, we attach our firms Terms of Business alongside an acceptance form which needs to be returned to us, signed and dated before we undertake any work. Alongside this, we also request identification at this stage. Our fees are also outlined in our client care letter. Dependant on the service being provided will determine whether this will be a standard fixed fee or based on our hourly rate basis.

3. Undertaking of service
   When we undertake any service, we communicate clearly with our clients if there are any outstanding issues that may arise further, such as personal questions that we cannot answer ourselves. Whilst working on the matter, if this is taking longer than first anticipated, we will endeavour to give updates and reasonings behind the delay. Ensuring our client is kept up to date and involved.
   
   
4. Finalising and closing the matter
   Once the matter has been complete and all outstanding work has been invoiced, and once payment has been received, we will then close your file. Any original documentation that you have passed on to us will be returned, unless you wish for us to hold original document i.e., Wills or registered LPA matters, where you wish for us to retain the originals in our fireproof cabinet (free of charge). Although, we do keep digital copies for our own records either way.

5. Follow up and support
   Sometimes, depending on the service you have used, we may contact you in the future to see if the matter was resolved. For example, for our LPA service, we contact you to ensure that the registered documents have been received and offer support and guidance if there is any confusion with the documentation received.
   Moreover, with our Will matters, we advise our clients to review every few years or once a big change has happened. For clients that have previously made Wills with us, we contact them every 4 years to see if they would like to update.

If you are looking for bespoke legal assistance, who offer a professional, friendly and client focussed approach, then feel free to get in touch with us.

Consequences of Dying Intestate

If you are to pass away without having a valid Will in place, it means that you die “intestate”. Without having a valid Will in place, your estate will be distributed according to the Law of Intestacy.

English Law of Intestacy: Without a Will, your estate will be distributed according to the rules of intestacy which of course depends on where you live. This blog focuses on the English Law. The Law of Intestacy prioritise close family members. There is a very handy tool on the government website Intestacy – who inherits if someone dies without a will? – GOV.UK

The Law may not reflect your personal wishes, i.e. if you wanted to leave any of your assets to friends, charities or others.

Disputes with family members: Dying intestate can lead to confusion and disagreements amongst family members over how assets should be distributed. Without clear instructions written within a Will, family members may argue over who should inherit, causing friction between the family or legal battles which in turn may delay the distribution of your estate and incur substantial legal fees.

Exclusion of certain people: Individuals who are important to you but aren’t close family members may be excluded from inheriting. Please note, that an unmarried partner is not automatically entitled to inherit anything, regardless of how long you have been together.

Delays in administrating: The probate process can become much more complex and time-consuming. A court-appointed administrator (usually a family member or close relative) must be appointed in order to manage your estate. This can take longer than if you had a Will in place and it may require the administrator to seek approval from the Court of certain actions, causing more delays and fees.

If the estate is complex, or there is a dispute among family members, the costs for the administrator to manage the estate may rise in turn reducing the overall value of your estate. In this case, probate might involve more steps and require more legal advice.

No Guardianship clauses: If you have minor children and die intestate, there will be no legally designated guardian – if both parents are deceased. The Courts will appoint a guardian which may not be someone you would have initially chosen. This can be a stressful and uncertain process for your children and family.

Loss of Control Over Your Legacy: A Will allows you to leave specific instructions about your possessions, estate, and personal belongings. Without a will, your belongings might be sold off or divided in a way that doesn’t reflect your intentions. For example, family heirlooms, personal treasures, or certain financial assets might not go to the people you would have wanted.

Estate Administration by Strangers: If no family member or close relative is willing or able to manage the estate, a professional administrator may be appointed to handle your affairs. While they are legally bound to act in your best interests, they may not have the personal knowledge or respect for your wishes that a family member or trusted friend might have.

If you would like to discuss creating a Will please do get in touch with us here at Pro-law. We offer a first initial meeting of up to one hour free of charge, here we can discuss your wishes further.

Day in the life: Legal Assistant and Secretary

The role of a legal secretary means being able to work in an often fast-paced, structured and detail-orientated manner. Within my role, I am the go-to for administrative tasks, but I have also taken on my own fee earning work as a develop my career.

Like most office workers now, my days are split between working in the office and working at home. I have drafted this blog based on a full day in the office. I arrive shortly before 9am so I have time to get set up for the day.  

Administrative Focus

I kickstart the day by reviewing my emails, whether it’s from clients or colleagues. I take note of urgent matters or matters that need discussion so they can be highlighted in our team meeting, which typically take place early on in the day. As a small team, we like to stay up to date with what each person is up to and it gives me an opportunity to take things off their plates.

I then focus on organising the day. I check what client appointments are taking place and review any documents that need to be prepped beforehand. Today we had 2 clients coming in to the sign their Wills, so they needed to be printed, and the invoice needed to be drafted.

I check the post-box to see what has been delivered, and scan on the letters to the correct file and pass the original on to the appropriate staff member if necessary. Occasionally I will be asked to action the letter depending on the matter.

Koren, our paralegal, and I share the work phone as necessary. This involves taking and making client calls, responding to any voicemails left from the previous evening, and make a note of any conversations had.

As it is nearing the end of the month, I run off a work-in-progress report so Ian and Koren can let me know which clients need to be invoiced. Once approved, I create the invoice and send it out via email or post.

Client Focus

I have recently taken the lead in managing Lasting Power of Attorney clients. I have been completing these legal documents, with the oversight of Koren, for some time now, but it has reached the stage where I have acquired enough knowledge to take the matter on from start to finish. This is a massive step in my legal career and professional confidence. Today I have 4 separate LPAs to draft and then send off to the respective client for review.

Furthermore, I carry out research and complete various other legal document preparation in the background. So today I also completed draft county court forms in relation to claim for possession of a property and drafted a tricky Statement of Reason to accompany a Will.

Finally, I have been tasked with scanning a lot of historical documents for a client (a couple of boxes worth). This can seem like a repetitive task, so I like to do it in short bursts, particularly as there is little time pressure.

Social Media

A few months after starting at Pro-law I took on the role of social media coordinator. This involves planning, designing and scheduling posts to go out on our Facebook and Instagram. This is typically something I do when I have some downtime, which tends to fall on a Wednesday. This task does add a touch of creativity to my working week.

Moreover, Koren and I quite like drafting blogs for our clients or potential clients, which gives them an insight into the services we offer. All of which I proofread and add to the website.

Finally

At the end of the day, I update my outstanding matters document that I share with my senior, Koren, so we can stay up to date with what has been done and what needs doing.

While it can be a routine job in some respects, it requires high levels of organisation, management, and legal knowledge (to name a few).

What happens if you don’t have an LPA in place?

A Lasting Power of Attorney allows you to have control over who you trust to make decisions on your behalf when you’re no longer able to, whether temporarily or permanently. It provides peace of mind, reduces the stress on your loved ones, and ensures that your wishes are respected.

Here are some of the issues that may arise from not putting one in place.

No automatic legal authority: If you are incapacitated, without an LPA in place no one automatically has the legal right in order to manage your affairs. This includes close family members, friends, and others, even if they have been doing this prior to losing mental capacity.

Court intervention: If mental capacity is lost and an LPA is not put in place prior, your family or loved ones may need to apply for a deputyship order through the Court of Protection. This is a time consuming, costly, and emotional process.

Delays with financial management: Without an LPA, there may be delays in handling important financial, or even legal matters. Without an LPA in place, it’s not simple for your family members/loved ones to access your bank accounts, whether this is to pay bills, manage investments, or dealing with any other financial or tax matters.

Healthcare decisions: Without an LPA, decisions regarding your medical treatment and care could fall to doctors, other family members or the courts which may lead to disagreements or confusion about what you would want. Having an LPA allows you to appoint a trusted person and discuss with them your wishes and preferences so that they can be honoured if you lose mental capacity.

Risk of disputes: If clear guidance of an LPA is not in place, family members or loved ones may have different ideas of what is in your best interests, potentially leading to disputes or misunderstandings.

No longer having control: An LPA allows you to choose who will make decisions on your behalf when you are no longer able to do so. Without one in place, you lose this opportunity for control and someone else, possibly even someone who you would not have chosen, might be appointed to make decisions before you.

If you haven’t set up an LPA yet, it’s wise to consider doing so as soon as possible, while you still have mental capacity to make the decision. Here at Pro-law, we can help you with this process from start to finish, ensuring the document is completed correctly.

Planning for the future – At What Age Should I Make a Will or LPA?

As long as you’re over the age of 18 years old, then there is no set age requirement to put a Will or Lasting Power Attorney (LPA) in place, but the earlier you do, the better prepared you will be for the unexpected. Planning for your future is an essential part of life, yet many delay making a Will or LPA until advancing years. It is important to understand that both Wills and LPAs are not just for the elderly or those with high value assets.

Wills and LPAs are vital tools for protection of your assets and ensuring your personal wishes are followed. By ensuring that you plan ahead, it enables you to provide security for not only yourself, but your loved ones too regardless of what the future holds.

Wills

Once you reach adulthood, it is a wise time to consider making a Will especially if you have assets or dependants, this ensures that wishes are respected and in turn can help prevent potential disputes among family members. As you accumulate more assets and your family grows, having a Will becomes even more important.

Wills can be updated as you go through the different stages of life, and it is important to keep reviewing them at least every 5 years.

Lasting Power of Attorney

Setting up an LPA early can help provide peace of mind for yourself or your loved ones. Accidents or illnesses can occur at any age and having that LPA in place ensures that someone you trust can make decisions for you. An LPA (and a Will) should be set up whilst you have the mental capacity to do so. Waiting until health issues arise can complicate the process, incur more fees and will require court intervention by way of a deputyship order.

Regularly reviewing and updating both of these documents as your life changes will ensure they remain relevant and effective.

At Pro-law, we can help you in drafting your Will or setting up your Lasting Power of Attorney. We ensure the documents are completed correctly so you don’t need to worry!