A survey commissioned by the Law Society revealed that three quarters of those surveyed do not know what happens to their online presence when they die, and 93% of the 1,000 respondents who have a will have not included any digital assets. Only 7% of those surveyed responded that they fully understood what this meant.

Law Society president David Greene said: ‘Photos, social media accounts and emails from loved ones are often just as treasured as physical possessions – and yet very few people understand what happens to their digital assets or why it is important to include them in their will.’

There are several potential issues with overlooking the treatment of digital assets on death: it can block access to information needed by loved ones for probate, such as online back accounts, and prevent access to treasured assets such as family photos.

Although the pandemic focused the minds of many to such matters, causing a noted increase in the number of people making and updating wills, the survey recorded that only 29% of the respondents had an up to date will.

The clear message is to ensure that you have an accessible record of online passwords to ensure that your loved ones who are faced with dealing with your affairs are spared as much stress as possible at an already emotionally challenging time.

Enquiries have hugely increased in making wills and lasting powers of attorney so as to make provision for our loved ones and ensure that, whilst we may not be able to get out and about to conduct our lives as normal, there are others who can act on our behalf who may not be in isolation or at such a great a risk of succumbing to Covid-19.

We lawyers working in the arena of wills and lasting powers of attorney have received an upsurge in people making such legal documents and are in turn showing ourselves to be resourceful and enterprising in discovering new ways of signing and witnessing documents whilst still complying with all legal requirements to make sure they are valid: we have taken instructions over video conferencing facilities and discovered different apps and programmes that are available to help us to continue working during these times of self-isolation and lockdown.

Our priority is to make sure that our clients continue to be served properly and their anxieties about providing for their loved ones and making sure their best interests can continue to be served even if they themselves are incapacitated.

This has included new ways of completing legal paperwork: from witnessing documents at picnic tables the garden of a client to executing documents through a ground floor window whilst watching from the driveway; from placing documents to be signed across a ping-pong table in a private garden to talking through open passenger car widows outside the office. We are trying our best to make sure that no client is penalised unnecessarily by this crisis and that these vital documents can still be prepared and completed on their behalf.

My daughter has said it all sounded somewhat dystopian and she is right, but we are nothing if not resourceful in ensuring that our clients’ interests are served, whilst observing all the government guidelines in protecting both our clients and our staff.

If you are concerned to make sure you have a valid and appropriate will in place, and possibly want to think about making sure your wishes can be honoured during your lifetime, even if you are physically and/or mentally incapacitated, do get in touch and speak with our Private Client team.

Don’t delay call RMP today on +441213184707

Interesting article links:

https://www.dailymail.co.uk/money/pensions/article-8241449/How-set-power-attorney-coronavirus-lockdown.html

https://www.pressreader.com/uk/sunday-express-1070/20200412/282398401539774

https://www.lexology.com/library/detail.aspx?g=b3fad5e7-36e8-4ddc-ac70-2b95e710c171

https://www.moneyobserver.com/coronavirus-lockdown-how-to-make-or-amend-will

RMP remains open for business and taking instructions, and we are looking at alternatives such as Zoom, Skype and other platforms to carry out interviews and deal with our clients during the current crisis we face.

We would encourage anyone wanting to make a will in these unprecedented times not to use unqualified people! Look for professional qualifications of Law Society Private Client membership, STEP membership and SFE membership.

It really is worth taking proper advice and having a professionally drafted will which carries full insurance and protection especially when people are particularly vulnerable.”

The deaths only this month of the “last actor of the golden age of cinema”, Kirk Douglas, at the ripe old age of 103, and Just a Minute host, Nicholas Parsons at a mere 96. At end of January the untimely deaths of the American NBA legend Kobe Bryant (41) and his daughter Gianna (13) in a tragic helicopter crash were reported. Also last month, Terry Jones, the Monty Python star, having suffered with dementia, died aged 77; and we have also read about the death by suicide of various young and upcoming stars: Harry Hains, Actor in American Horror Story at only 27 after a battle with addiction and mental illness, Ugly Betty show creator Silvo Horta aged 45 and just recently that of Caroline Flack of Love Island fame at only 40.

Somehow, we read about these deaths: some after a life well lived, some through suicide and others through ill health and others seemingly out of the blue and yet still we see how little preparation we often make for those we leave behind. I started practice nearly 35 years ago and the statistics were that one in three of us don’t make a will and that statistic has remained virtually unchanged to this day.

One thing I do know is that when I die, however that may be, I want to leave my loved ones cared for and looked after properly, and my wishes to be respected. There is nothing that can beat a well drafted will that addresses your wishes and concerns. This should be reviewed regularly as and when circumstances change.

If you haven’t made a will, or not updated it in years, don’t delay, call RMP today and make an appointment to discuss your will on +441213184707.

We also explored what to look out for when caring for the elderly and vulnerable in terms of abuse particularly in reference to undue influence, and capacity issues, and how and when to report suspicions of abuse.

We enjoyed our time together and there was much participation and engagement in the seminar. I think everyone learned something new from both a personal and a professional perspective.

Thank you to everyone who made me feel so welcome.

If you think your organisation could benefit from such training, please do not hesitate to contact RMP to discuss this further.

If you personally wish to find out more about wills and powers of attorney, please do give us a call to make an appointment with Lis Whybrow or one of the team on +441213184707.

Now is a good time to start with some realistic resolutions and goals. Not the faddy diets and talk of exercise regimes we know we are unlikely to stick at for much longer than this first month but looking at putting our affairs in order.

There is no time like the present to look at making or reviewing your will: it may have been made a long time ago and circumstances will likely have moved on. You may have been putting it off until the right time. Whatever your reasons, the start of 2020 would seem like an excellent time to sort this out.

You may have experienced deteriorating health for yourself or loved ones and realised how important it is to be able to have reliable and trustworthy people in place to look after your best interests should this be needed, Again, now is an excellent time to explore making Lasting Powers of Attorney to cover both financial and health decisions.

You may have been recently bereaved and need some help in sorting out your loved one’s affairs.

If you are looking for legal help in any of the areas discussed above, please don’t delay, call RMP today on +441213184707 and ask to speak to someone in our Private Client Department

When a loved one passes, leaving a will, very often, disagreement arises because of the terms of that Will; sometimes there are concerns that the deceased didn’t have sufficient mental capacity to make a Will. Disputes can arise about who or what is included or excluded, and even whether or not there is a will at all. Naturally, emotions can run high and the only way to sort things out is by seeking expert guidance. Talking to someone who has experience of dealing with these difficult disputes can give you peace of mind.

There a number of reasons for contesting a Wil including: testamentary capacity, lack of valid execution, lack of knowledge and approval, undue influence, fraudulent wills and forged wills, and rectification and construction claims.  Disputing an estate is a complex area of law. A solicitor can advise you on whether or not one of these reasons is applicable to your situation.  If you dispute any part of a Will, or the entire estate, your solicitor can explain what your rights are; likewise if it is being disputed by another party.

Our specialist solicitors at RMP are experienced in challenging Wills and representing beneficiaries and/or Executors who are faced with a challenge to a Will.  Wills are commonly challenged on grounds that the testator (deceased) didn’t have sufficient mental capacity to make a Will, due to them suffering from a mental illness such as dementia.  A Will can also be challenged if a third party puts pressure on the testator to make a Will or change it in their favour (known as duress).  We will always adopt a sensitive approach with compassion and professionalism to ensure that you receive cost-effective advice and assistance.

Call us on +441213184707 to speak to one of our experts. There’s no charge for our initial chat and with no hidden costs and our same day response promise, you can get answers to your questions quickly and easily.

Elisabeth Whybrow, Head of Private Client at RMP Solicitors, continues to be actively involved with BrumYODO and the festival, and RMP are once again sponsoring the festival along with professional bodies STEP, Solicitors for the Elderly and The Arts Council England. 

Today, Elisabeth and team are involved in running a Death Café at Oldbury Library.  You can also take advantage of their expertise at the wills workshop in Birmingham at John Lewis Community Hub on Friday at 1.30pm.

“This May 10th -19th 2019 we are bringing you more high quality of myth busting, conversation inducing, death themed events. 

We kick off the Festival with A Life of Brian at the Electric Cinema a Movie Eat-Along presented by Conjurer’s Kitchen, and then follow up with talks and tours at Birmingham Museum and Art Gallery, a stunning series at the Coffin Works with literature and talks, then there are opportunities to meet Soul Midwives and End of LIfe Doulas, visit a Crematorium and to take part in practical workshops so you can make sure you have all the information you need to plan the funeral you want.”

– BrumYODO   https://brumyodo.org.uk/

The award represents the regional Solicitor firm who has best proven all round excellence within the practice area of Wills, Probate and Estate Management. We have proven that we effectively engage with our clients through various channels be it directly, online or through panels.

In our application we were able to demonstrate the growth of the team, our approach to providing a high-quality service,  and our commitment to acting in the best interests of the client and the profession.  What may well have set us apart from other firms was our explanation of the particular activities and initiatives of Lis Whybrow, Head of Department, and her consistent engagement with the community and entities such as BrumYodo and STEP.

Congratulations to all of the private client team and those who have supported them!