York: 01904 866139|Harrogate: 01423 449778
Melanie Pickering

About Melanie Pickering

Melanie joined Roche Legal in 2015 and has since qualified with us as a solicitor specialising in Wills, Probate and contested private client matters.

Melanie’s Myth-busters #10 – I can leave family members out of my Will and there’s nothing they can do about it

2018-12-07T10:08:25+00:00December 7th, 2018|Melanie’s Myth Busters|

This is partially true, because here in England and Wales, we have the freedom to dispose of our assets in any way we choose in our Wills. Unlike many other countries, we don’t have any ‘forced heirship’ rules governing who must receive what after someone has died. You can therefore make a Will leaving [...]

Melanie’s Myth-busters #9 – I have been appointed as an Attorney, so I can take over my loved one’s decisions when I like

2018-11-30T14:15:23+00:00November 30th, 2018|Melanie’s Myth Busters|

Despite it seeming to have some logic, this is nevertheless quite wrong. When someone makes a Lasting Power of Attorney, they are known as the Donor. When any Donor appoints you as their Attorney, they are placing a great deal of trust in you and your ability to make the right decisions for them, [...]

Melanie’s Myth-busters #8 – I am entitled to know when a family member has made a Power of Attorney and what is says

2018-11-23T18:16:50+00:00November 23rd, 2018|Melanie’s Myth Busters|

In short, there is no entitlement for anyone to know when someone else has made a Lasting Power of Attorney (LPA). When someone makes an LPA, either for Property & Financial matters or Health & Care, until it is registered with the Office of the Public Guardian (OPG), usually only the person who made [...]

Melanie’s Myth-busters #7 – Someone with a Dementia diagnosis cannot make a Will or Power of Attorney

2018-11-21T10:02:23+00:00November 16th, 2018|Melanie’s Myth Busters|

In many cases, a diagnosis of Dementia does not prevent someone from making or updating their Will, or putting Lasting Powers of Attorney (LPAs) in place. In fact, in our experience, receiving a diagnosis like this, tends to be the nudge that people need to put their affairs in order. Whether or not you [...]

Melanie’s Myth-busters #6 – Once a Power of Attorney is made, you can’t change it

2018-11-21T10:02:23+00:00November 9th, 2018|Melanie’s Myth Busters|

When you make a Lasting Power of Attorney, you are putting a document in place which will remain valid even if you lose capacity in future. But does this mean you can't change it once it's been registered? In most cases, no. We have seen several situations recently where someone has made a Lasting [...]

Melanie’s Myth-busters #5 I am entitled to know when a family member has made a Will and what it says

2018-11-21T10:02:23+00:00November 2nd, 2018|Melanie’s Myth Busters|

This is a tricky point, that has come up with several clients over the years. In brief, you have no such entitlement. To understand this aspect of Wills and probate law, it is important to first make a clear distinction between what you may feel you are morally entitled to know and what the [...]

Melanie’s Myth-busters #4 – Having a Will means you won’t need Probate or pay Inheritance Tax

2018-11-21T10:02:23+00:00October 26th, 2018|Melanie’s Myth Busters|

This is another common misconception we hear from clients. They have made a Will, or a specific type of Will, in the belief that it will prevent their loved ones needing to obtain Probate or pay any tax on their death. Unfortunately, this is not true. Just because you have a valid Will in [...]

Melanie’s Myth-busters #3: I’m in a Common Law Marriage

2018-11-21T10:02:24+00:00October 19th, 2018|Melanie’s Myth Busters|

Many couples in the UK choose to cohabit but not marry or enter into a civil partnership. Some do so under the belief that they will be protected because they have a 'common law marriage' and will be treated much the same as a married couple in relation to tax, inheritance and many other [...]

Melanie’s Myth-busters #2: Trusts mean you won’t need Probate or pay Inheritance Tax

2018-11-21T10:02:24+00:00October 12th, 2018|Melanie’s Myth Busters|

This is something we hear regularly from clients. They might have attended a seminar and been told to put all their assets into a Trust whilst they're still alive, to circumvent the need for their Executors to get a Grant of Probate when they die. Sometimes, they might also be told that assets in [...]

Melanie’s Myth-busters #1: Lasting Powers of Attorney are only for people with Dementia

2018-11-21T10:02:24+00:00October 5th, 2018|Melanie’s Myth Busters|

This is not true. Dementia and Alzheimer’s disease are not the only reasons why someone might need to act as your Attorney in the future. There are many reasons why you might decide to put Lasting Powers of Attorney (LPAs) in place. There are two types of LPAs: Health & Care – which lets [...]

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