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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 #12: Everyone ends up in a Care Home when they get old

2020-03-27T12:57:04+00:00December 21st, 2018|

This is a very common myth, which it is easy to believe when you look at how the UK’s elderly population is portrayed in the media. However, it is wholly untrue, which is good news for us all! At present, the UK has around 11.8 million people over 65. Of these, less than 4% [...]

Melanie’s Myth-busters #11 – I’m married or in a civil partnership, so if I die without a Will my spouse just gets everything

2020-03-27T12:56:00+00:00December 14th, 2018|

This is one of the most common misconceptions we hear from people who do not have a Will, and do not think they need one. If you die without making a Will, then the Intestacy Rules will apply to who receives your property and other assets (called your 'estate'). This means that your estate [...]

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

2020-03-27T12:50:52+00:00December 7th, 2018|

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

2020-03-27T14:51:43+00:00November 30th, 2018|

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

2020-03-27T14:45:38+00:00November 23rd, 2018|

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

2020-03-27T14:37:12+00:00November 16th, 2018|

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

2020-03-27T12:41:06+00:00November 9th, 2018|

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

2020-03-27T15:16:04+00:00November 2nd, 2018|

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

2020-03-27T12:46:52+00:00October 26th, 2018|

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 [...]