Making it easier to talk about death - Leech & Co

How Leech & Co can help you in these uncertain, worrying times

Matthew Connery — Fri, 24 Apr 2020 13:05:57 +0000

At this time, our health and finances are on our minds like never before. There are all sorts of things that we need to worry about at the moment, but more people than ever have started to worry about their Wills and Powers of Attorney and to think about putting a plan in place to protect their family’s future. This article is just a reminder about how important these matters are and how Leech & Co can help you.

We can help you with Wills and Trusts, Powers of Attorney, Funeral Plans, Probate and administering the Estate (if a loved has died and you are an Executor). There are full details on our website – www.leechandco.co.uk – together with Factsheets, Blogs and FAQs to help you understand the issues involved and why these matters are so important. Below is a very quick guide to help you get started with a plan.

Wills

What happens if you have a Will

Your family will know exactly what your wishes are and these wishes can then be carried out without arguments; your property, assets, savings and belongings will go to who you want them to go to; your family will be protected from legal and tax bills; if you have children under 18, your wishes as to their future will be clear and so can be carried out.

What happens if you don’t have a Will

Your family will not know what your wishes are and so may disagree on what to do adding to their stress at an already emotional time; the law will decide who receives your property, assets, savings and belongings and so these may not to go to who you want them to go to and/or a person who you want to receive something may receive nothing; there may be legal and tax bills; if you have children under 18, you will have no say as to what happens to them when you are not here.

A Will is one of the most important documents you will ever make. It is vital to have one and it is vital that you get it right so that your future, and your family’s future, is protected. The relatively small cost now of using a Solicitor to prepare and execute a valid, legally binding Will that will carry out all of your wishes will be a saving in all sorts of ways down the line for you and your family.

Making a will now is a small investment in terms of time and money that will pay off in the long-run for you and your family. Unfortunately, nobody knows when the time will come so having a Will in place as early as possible will give you and your family peace of mind, legal certainty and financial security.

Powers of Attorney

What happens if you have a Power of Attorney

If you are ever unable to look after yourself or make decisions to do with your health or finances e.g. dementia, a stroke, long-term illness or isolation etc, your family will immediately be able to look after you, make decisions for you so that you are supported financially and looked after in terms of your health and wellbeing; your family will have peace of mind knowing that you are protected.

What happens if you don’t have a Power of Attorney

If you are ever unable to look after yourself or make decisions to do with your health and finances e.g. dementia, a stroke, long-term illness or isolation etc, your family will not be able to access your finances, will not be able to contact your services or utility providers on your behalf and will not be able to make decisions for you to do with your health and wellbeing.

Essentially, your family will be very limited in what they can do for you. Your family will have to apply to the Court of Protection for court orders to access your finances and make decisions on your behalf to do with your health and wellbeing. This is a lengthy, complex and expensive process.

Again, as with a Will, a Power of Attorney is one of the most important documents you will ever make. It is essential that everyone has one in place to protect them and their family should there ever be a time they are unable to look after themselves or make their own decisions. Think of it like an insurance policy – you hope you never have to use it, but it is better to have it in place and not need it than to need it and not have it.

The relatively small cost now of using a Solicitor to prepare and register a legally binding, valid Power of Attorney that ensures you are protected in terms of your health and finances is far outweighed by the cost of applying to, and dealing with, the Court of Protection and the emotional cost to your family of being unable to look after you. It is a small investment now in terms of time and money that that will pay off for you and your family in the long-run.

Funeral Plans

What happens if you have a Funeral Plan

The cost of your funeral will be fixed at today’s prices; you will not pay or save more for your funeral than you need to; the cost can be spread over 25 years; the cost of your funeral will be covered in certain circumstances even if you haven’t finished paying for it; your family will not have the cost and stress of organising your funeral as this will all be taken care of by the Funeral Director in accordance with your wishes; you can specify your wishes so your family is in no doubt about the funeral you want.

What happens if you don’t have a Funeral Plan

Your family will be left with the cost and stress of arranging your funeral at what will be an emotional and upsetting time for them; the cost of the funeral will be the cost at the time which may be significantly higher than today’s costs; your family will not know the type of funeral you wanted and so this may become the cause of family arguments and fall-outs.

A Funeral Plan is basically a sensible way to pay for your funeral, to ensure you have the funeral you want at the price you can afford and to avoid family arguments and fall-outs. It just makes sense to put a Funeral Plan in place as early as possible. They are available for all over-50s, there is a choice of funerals, costs and flexible payment plans and there are no health or background checks.

How Leech & Co can help you

Leech and Co can help you put in place your Will, Power of Attorney and Funeral Plan. You don’t have to have all three, but having even one in place will help the future be that little more certain and safe for you and your family.

We can also help you if you’re an Executor for a loved one’s Will with the Probate and Administration of the Estate. Here is a guide to the steps you need to take – What to do when a loved one dies – a practical and legal guide – but please call us so we can help you straightaway.

If you have concerns about your finances and your future financial plans, we work with a network of trusted, experienced and friendly Independent Financial Advisers who would be able to help you and we would be happy to put you in touch with them.

At Leech & Co, we understand that matters relating to Wills, Powers of Attorney, Funeral Plans and Probate are delicate, emotional and stressful. We will treat you at all times with compassion, kindness and empathy. We pride ourselves on being friendly and approachable, we’re good listeners and we will talk to you in jargon-free plain English. We are here to provide you with expert, professional, legal advice and we work quickly and efficiently to ensure a good outcome for you.

We offer fixed fees wherever possible and flexible payment plans to make our services reasonable and affordable for everyone.

We understand that dealing with these matters is an upsetting and emotional thing to do and it’s something you want to put off and not think about. However, we aim to make the whole process as stress-free and smooth as possible for you. Once these documents are done, they’re done and you don’t have to worry about them – you have put in place a plan that will protect you and your loved ones’ future.

Funeral Plans – do I need one?

Matthew Connery — Mon, 17 Feb 2020 12:20:10 +0000

Funerals. It’s a horrible word, they’re horrible things. Nobody wants to think about them, nobody wants to talk about them. However, it’s a fact of life that, at some point in the future, we’ll all be having one.

If we all accept that one day we’ll be having a funeral, it makes total sense to plan for it. Having a plan in place will save your family the stress and cost of arranging your funeral at what will be a very upsetting, emotional time for them. It will also ensure you have the funeral you want and, last but not least, it will save you money. For the same reasons, it’s also vital to make sure that your loved ones have plans for their funerals.

This won’t be something that anybody wants to spend time doing, but once you’ve done it, it’s done. You can then feel very pleased with yourself for planning your future and protecting your family and finances and you can then forget all about it!

If you’re reading this article, you’re probably already thinking about Funeral Plans and whether or not you need one. Are you asking yourself these sorts of questions?:

Are you trying to put a plan in place for your future, for example Wills, Powers of Attorney etc and wondering whether a Funeral Plan should be part of those plans?
Are you worried about how to pay for your funeral and/or are you worried about your loved ones having to pay the cost of your funeral?
Are you concerned that you may have to pay for the funeral costs of your loved ones?
Are you worried about leaving your loved ones the responsibility and expense of arranging your funeral and do your loved ones even know the type of funeral you would like?
Who will be responsible for arranging your funeral?
How do I arrange a funeral for a loved one?

If you’re thinking about these sorts of issues, it’s probably time to start putting a Funeral Plan in place for your and your loved ones. Leech & Co can help you set up a Funeral Plan in a few quick and easy steps so call us on 0161 749 9000 / 07572 373 813or at e-mail us at leech@leech.co.uk and we can talk you through the whole process.

We think Funeral Plans are so important to put in place as part of the plan for your future and your family’s future that we have devoted a whole section on our website to them but we’ve set out below the main points you might want to think about.

What is a Funeral Plan?

A Funeral Plan is a way of saving to pay for the cost of your funeral i.e. you pay a one-off payment or a series of monthly payments (up to a maximum of 25 years) which guarantees the cost of the type of funeral you have chosen. You can also personalise the type of funeral you want i.e. whether you want to be buried or cremated, the type of music or readings you want at the service etc.

What will the Funeral Plan pay for?

A Funeral Plan will generally include the following:

Full cost of Cremation / contribution to cost of burial;
Full, personal support from local Funeral Director;
Guidance from the funeral director as to the process and paperwork;
Collection, transportation, care and presentation of the body of the deceased;
Coffin;
Funeral director, driver and pallbearer to attend the funeral;
Hearse and limousine for the family.

The Funeral Plan won’t include certain things, such as the cost of flowers or the wake etc, but your choice for these things can be included with the Funeral Plan and the Funeral Director at the time can help your family to arrange them.

How will a Funeral Plan save me money?

The cost of Funerals is rising all the time. In 2019, the average cost of a Funeral was in the region of £4,000.00. It’s estimated that in the next 5 years, the average cost will have risen to approximately £6,000.00. It is expected that these costs will continue to rise in the future.

The Funeral Plan saves you money by fixing the price of your Funeral at today’s prices and it guarantees to cover the cost of the funeral no matter how much funeral costs rise in the future.

You can pay for your Funeral by saving money into a savings account or an ISA or pay into an insurance scheme, but these savings may not meet the rising cost of Funerals so your loved ones may be left to pay for any shortfall. Also, you could continue to pay into these savings schemes for the rest of your life and you end up paying too much. This would mean you and your loved ones wouldn’t be able to spend the overpaid amount on other things during your lifetime.

Having a Funeral Plan means you know exactly the amount you need to pay and you know exactly what you’ve paid for. This will save you money and give you peace of mind that your Funeral is the one you want and it’s all paid for.

How will a Funeral Plan help my family?

A Funeral Plan will help your family by removing the need for them to arrange and pay for your Funeral immediately after you have died. At that time, your loved ones will understandably be upset, emotional and stressed. Do they really want to be discussing your funeral, making all the arrangements and finding the money to pay for it? Do they even know what sort of Funeral you would want? Might they fall out about what they think is the best Funeral for you?

It’s obvious that at that time, your loved ones need to be focussing on grieving and supporting each other. They do not need the burden of arranging and paying for your Funeral. With a Funeral Plan, all your loved ones need to do is call the appointed Funeral Director and the Funeral Director will take care of the arrangements. Of course, the cost of the funeral has already been taken care of.

Is a Funeral Plan right for me?

In terms of money, there are different types of Funeral Plans at different prices and there are different payment periods so there will be one to suit your budget.

In terms of what’s included, everything you could need for a Funeral will be covered and paid for. You can then personalise it and express your wishes for the parts that aren’t included, for example, flowers, hymns, the wake etc so you will know that your Funeral will be your Funeral.

In terms of whether you qualify for a Funeral Plan, the plans are available to everyone over the age of 50, there are no medical or health restrictions, there are no upper age limits (although payments must be completed by the age of 85) and there are choices as to Funeral Plan providers so you will be able to find a plan to suit you.

What should I do now?

It’s our advice that everyone should have a Funeral Plan in place as early as possible. It’s a vital part of any plan for the future for you and your loved ones. There are many benefits to having a Funeral Plan, but there are many risks and downsides if you don’t have one in place.

If you would like to discuss Funeral Plans or any part of a plan for the future, for example Wills, Powers of Attorney etc, call us for a free, no obligation initial chat on 0161 749 9000 / 07572 373 813 or e-mail us at leech@leech.co.ok and we can talk you through the whole process and help you to get started.

However, if you would like to read more about Funeral Plans and how we can help you, read our Funeral Plan section on our website here.

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What to do when a loved one dies – a practical and legal guide

Matthew Connery — Fri, 31 Jan 2020 12:54:33 +0000

My parent / husband / wife / relative has died, what do I do now?

I’m an Executor in a Will, what do I do?

There is no Will / we can’t find a Will, what do I do?

What is a Grant of Probate and do I need to get one?

I’m an Executor in a Will, how do I administer an Estate?

When a loved one dies, there are practical, financial and legal matters that need to be addressed.

We have set out below the steps you need to take when a loved one dies, but if you would like to talk things through with one of our friendly team for free, initial advice please call 0161 749 9000 or free, initial advice please call 0161 749 9000 / 07572 373 813 or visit our website www.leechandco.co.uk for further information.

Leech & Co can advise and assist you every step of the way to make sure all necessary steps are taken, your loved one’s wishes are carried out and their Estate is correctly administered and concluded.

My loved one has died – what do I do first?

When a loved one dies, clearly the most important things to do are to look after family and friends and look after yourself. The grieving process will obviously be emotional and it can be complex and lengthy.

However, there are three main practical things to do when a loved one has died that can reduce the stress and anxiety of what will be an emotionally traumatic time:

1. Register the death:

If your loved one died at home, notify the GP to secure the body and to get a medical certificate to confirm the death. If your loved one died at hospital, the hospital staff will take care of this for you. You will need the medical certificate to register the death with your local Register Office. This needs to be done within 5 days of the death (8 days in Scotland).

2. Secure paperwork and valuables:

Make a search of your loved one’s home to obtain all relevant paperwork i.e. the Will, Funeral Plan, letter of wishes about the Funeral, financial documents etc. If your loved one lived alone, secure all valuables and cash in the house. You need to make a list of all cash and valuables. Ideally, you should do this with someone else to witness which items have been secured

3. Contact relevant people to help you:

Funeral Director: to confirm your loved one’s death and to arrange the Funeral. If your loved one had a Funeral Plan, the paperwork should be in the house and you simply need to contact the Funeral Director on the paperwork. If you would like to find out more about Funeral Plans, we can assist you with this – find out more here [need link to Funeral Plan section on website]

Government: to notify all relevant Government departments of your loved one’s death in relation to tax, benefits, passport, driving license, the local Council etc. You can notify the Government using this online link – https://tell-us-someone-died.dwp.gov.uk/death/enrich/recover – or call the local Government office (the registrar will provide this number when you register the death)

Solicitor: to help you with the Estate and legal matters (see below);

If you would like help with these initial steps, please call one of our friendly team for free, initial advice on 0161 749 9000 / 07572 373 813 or explore our website for further information.

We have detailed below the legal steps you need to take to deal with your loved one’s Estate.

Again, Leech & Co can advise and assist you every step of the way to make sure all necessary legal steps are taken and the whole process is as straightforward and stress-free as possible.

My loved one has died – what are the first steps to take to deal with the Estate?

The first step to deal with the Estate is to try to locate the Will. Your loved one may have left instructions as to how to locate it so talk to your family to confirm where it is. It may simply be in your loved one’s house or with a local Solicitor so you’ll need to have a search of your loved one’s paperwork to try to locate it. It may have been registered with Certainty National Will Register (www.nationalwillregister.co.uk) which will tell you which Solicitor drafted the Will.

My loved one has died and has appointed me as an Executor of the Will – what do I do first?

If you have been appointed the Executor in your loved one’s Will, it will be your responsibility to administer the Estate. The Estate is the term for your loved one’s property, money and possessions.

The process of administering the estate will generally begin with obtaining a Grant of Probate. This is an official legal document that confirms you, as the Executor, have the authority, as provided in the Will, to deal with your loved one’s personal and financial affairs. The Grant of Probate is obtained by an application to the Probate Registry. (Here is a link to the Government’s Probate Registry website – Applying for probate – GOV.UK )

The Grant of Probate will be required by banks, building societies and/or mortgage companies etc to allow them to deal with you as the Executor in relation to your loved one’s accounts, property etc.

Do I definitely need to apply for a Grant of Probate?

A Grant of Probate is generally needed to administer an estate, but not always. Some banks and building societies will allow you to deal with the money and accounts of your loved one without a Grant of Probate, but this is generally only if the amounts in the accounts are less than £15,000.00. If the amounts in the accounts are more than £15,000.00 or if the estate contains property, then it is likely the Executor will be required to apply for a Grant of Probate.

My loved one has died, but there is no Will – what do I do first?

If your loved one died without a Will, the Estate will be administered according to the law of Intestacy. The law will also determine which of your loved one’s relatives is entitled to administer the estate. These will be called the Administrator rather than the Executor.

If there is no Will, the first step to deal with the Estate is to apply to the Probate Registry (– Applying for probate – GOV.UK) ,but for a Grant of Letters of Administration rather than a Grant of Probate. The person named in the Grant of Letters of Administration i.e. the Administrator, will then be able to deal with the estate.

Here is guidance from the Government’s website about the Laws of Intestacy: Intestacy – who inherits if someone dies without a will? – GOV.UK However, it’s likely you’ll need the assistance of a specialist Wills and Probate solicitor if there is no Will to make sure the Estate is administered correctly. Call one of our friendly team on 0161 749 9000 / 07572 373 813 or visit our website – www.leechandco.co.uk – for further details.

I have obtained the Grant of Probate – what do I do now?

When the Grant of Probate has been obtained, you, as the Executor, can then administer the Estate of your loved one. This process generally has three stages:

Assessing the value of the estate by obtaining all documents in relation to your loved one’s property, finances, possessions etc;
Paying any outstanding bills and settling all debts with the money in the estate;
Distributing the balance of the estate i.e. what is left after the debts have been paid, in accordance with the terms of your loved one’s Will.

If your loved one had specific requests in their Will, for example that a specific item is to be given to a certain person, it is your responsibility as the Executor to ensure that person receives that item.

As the Executor, you will also need to prepare Estate Accounts to confirm how the estate has been administered. Therefore, you will need to document everything you do, obtain confirmation of payment of bills and debts and obtain receipts for any payments.

I have obtained the Grant of Probate / Grant of Letters of Administration – how do I administer the Estate?

The administration of the estate can involve legal, financial and tax issues and can become a complex, lengthy and time-consuming matter. All estates will be different, but administering them will generally include some or all of the following aspects:

Identify all of your loved one’s assets and their debts and liabilities. This is to calculate the value of the estate. It will involve identifying and contacting all banks, building societies and companies to confirm the assets held by them. If the estate includes property, this will involve obtaining professional valuations of the property and/or or personal possessions;

Submit an inheritance tax return to the Probate Registry even if there is no tax due to be paid. If inheritance tax is due to be paid, then this must be paid from your loved one’s estate;

Liquidate the assets of the Estate, for example sell or transfer property, close bank accounts, collect in the proceeds of investments, life insurance policies etc;

Pay the debts and liabilities of the Estate (including any tax);

Distribute the balance of the estate in accordance with the terms of the Will (or, if there is no Will, the Intestacy Rules) to the Beneficiaries;

Prepare Estate Accounts.

Who pays to administer the Estate?

The legal fees for obtaining the Grant of Probate and administering the Estate are paid for from the Estate and not by you as the Executor.

How can Leech & Co help you with the Grant of Probate and administering the Estate?

As an Executor, you can apply for the Grant of Probate and administer the estate yourself without assistance from a Solicitor, but we would not advise that you do this. It can be a complex, lengthy and time-consuming process with multiple stages, forms to complete, inheritance tax issues to consider and different banks, building societies and companies to deal with. An error at any stage or with the forms can delay the process and administering the Estate incorrectly could lead to your actions being legally challenged.

Also, as the Executor of a loved one’s Will, it will be an emotional time for you coming to terms with your loss. Therefore it is likely you will need assistance dealing with the issues and the work involved.

Leech & Co can help you, as the Executor, to navigate this process as quickly and efficiently as possible. We will come to you to discuss the matter with you and we will advise and assist you every step of the way until the administration of the Estate is complete. Call us on 0161 749 9000/ 07572 373 813 or click here to request a call back.

We are happy to deal with the whole process for you in accordance with your instructions, but we are also happy to assist you with a part of the process only. We can discuss the costs of assisting you when we have met you, discussed the matter in detail and confirmed your instructions.

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Death Cafés

Matthew Connery — Tue, 10 Dec 2019 16:12:42 +0000

Have you ever been to a Death Café or even heard of such a thing? Does it sound a grim and morbid thing to do, something to be avoided if at all possible? In actual fact, it’s a movement that’s bringing comfort and peace to many people around the World and it is growing all the time.

What is a Death Café?

A Death Café is, basically, a group of people who gather in a café to eat, drink and talk about death and dying. Sound a bit weird? Possibly so, but as a society it seems we’ve lost the ability to talk about death and we avoid the topic if we can. This might sound a perfectly reasonable thing to do – everyone just wants to get on with living, after all – but for people who have to confront their own death or confront the death of a loved one, the chance to discuss their feelings and fears can be a great source of comfort. It can also resolve a lot of anxiety and anguish for their family.

Do you talk about death and dying to your family?

When did we lose the ability to talk about death openly? It’s not clear precisely when this happened, but in days gone by, when life expectancy was lower, before advances in medical science, in times of war etc we would have lived our lives surrounded by death. We would have to talk about it, plan for it and deal with it. However, these days, we’re generally healthier and living longer and it wouldn’t be strange to reach our 30s, or even 40s, before experiencing the death of a loved one. As a result, we have lost the experience of death and we have “outsourced” talking about death to medical or religious people, such as doctors, nurses and priests. Within our own families, death is a taboo subject and anyone bringing the subject up will usually be quickly shushed.

A recent article in the Guardian discusses this same topic:

talk-about-death-openly-dying-bereaved

Do we need to talk about death?

It’s clear that not talking about death within families and within society generally is causing anxiety and anguish for our elderly loved ones and then, when a death happens, it causes anxiety and anguish for those left behind. It doesn’t have to be like this and we could avoid a lot of anxiety and anguish if we discussed death more openly and we were less squeamish talking about our loved ones dying. This is why Death Cafes are such a good idea.

Death Cafes have been around for most of the last decade, but I first heard about them at one of our recent legal clinics at a retirement home. One of the residents was there with her daughter who was visiting from Australia. She was a carer for the terminally ill in Brisbane, she mentioned Death Cafes and how popular they were and said that for the person facing death it was the only way they could talk about what they were experiencing. My initial reaction was that it sounded like an awkward and morbid thing to do, but every one of the elderly residents thought it was a brilliant idea and wished they could go to one and bring their adult children. A common theme for them was that they had faced the thought of their death, they had processed it and were at peace with it, but they could not discuss this with their adult children because the children found this too upsetting to talk about. They all agreed death had to be faced and discussed and planned for and this involved the whole family.

Another article from the Guardian gives more details about Death Cafes:

death-cafe-talk-about-dying

Where can I find a Death Café near me?

There are more than 2000 Death Cafes in the UK so there will be one near to you if you think you would benefit from going. We would be more than happy to help you find one so please call us and we will make some enquiries for you.

How do I plan for old age and death?

The growth in the numbers and popularity of Death Cafes shows clearly that discussing death openly is wanted and needed by many people and it can give peace of mind and comfort to the whole family. To shy away from this difficult conversation inevitably causes anxiety and confusion. It also means that very few people plan their deaths which can lead to more upset and anxiety. Only 40% of the UK’s population has a Will, a lower percentage still has a Funeral Plan and less than 10% of people have put a Power of Attorney in place in case there is a time when we cannot make our own decisions in relation to our health or finances.

How can Leech & Co help?

We help our clients with Wills, Funeral Plans and Powers of Attorney so that they have a full end-of-life plan in place for when the time comes. This ensures that both our clients and their family have peace of mind knowing that the future is planned, prepared and paid for, that all financial and legal matters have been discussed and dealt with and that loved ones can simply enjoy their time together. This can bring a great comfort to the whole family.

Can us now on 0161 749 9000 or click here for a free, initial discussion about any aspect of this article. We can also assist you with finding financial advice for long-term planning.

We are more than happy to chat through your worries and concerns and plans and advise you as to the best way forward.

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