Myth Busters

Roche Legal - MP Myth Busters

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

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 could …

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Roche Legal - MP Myth Busters

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

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 your …

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Roche Legal - MP Myth Busters

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

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, if …

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Roche Legal - MP Myth Busters

Myth-busters #8 – I am entitled to know when a family member has made a Power of Attorney

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 it …

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Roche Legal - MP Myth Busters

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

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 can …

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Roche Legal - MP Myth Busters

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

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 law …

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Roche Legal - MP Myth Busters

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

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 place, …

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