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HARDING EVANS 02922 676818; www.hardingevans.com Tell us about your firm in a nutshell? We are a 100-strong team of experienced solicitors and support staff. With offices in both Cardiff and Newport, we can offer assistance with any legal support you may need – including conveyancing, personal injury, family law and Wills and probate. We are ‘Your Lawyers For Life’.
RACHAEL MCCARTHYJONES, SOLICITOR, TEP
JNP LEGAL 52 Station Rd, Llanishen, Cardiff CF14 5LU; 02920 763 211; www.jnplegal.org Tell us about your firm... JNP Legal Solicitors has been serving clients and local communities in Cardiff, and across South Wales for over 40 years. As a firm, we focus on law for individuals, including Wills and probate, lasting powers of attorney, estate administration, residential property, family law, children law, civil litigation, personal injury and crime. The team at JNP Legal is a collective of experienced, dedicated and professional solicitors and support staff who are passionate about delivering exceptional service and value for money. Why would you recommend that people don’t hang about when it comes to making their Wills? If you do not have a Will, the intestacy rules determine who inherits your estate. This may result in your estate passing to persons that you did not intend to provide for. It is a common misconception that a co-habiting couple will automatically inherit from one another. This is not the case under the intestacy rules. Furthermore the intestacy
What are your specialist areas? Will, Estates, Trusts and Lasting Powers of Attorney. Why would you recommend that people don’t wait around when it comes to making a Will? A Will can be made at any age as long as you are over the age of 18 and have mental capacity to do so. A Will is not dependent on your monetary worth. For example, young parents should make a Will so that they can appoint guardians for any children under 18. Similarly it is becoming more common for unmarried couples to own properties together. If you do not have a Will it is not always the case that the property will pass to the survivor. How often should a will be updated? We advise every two to five years, or when your situation changes – such as buying a house or having a baby. With your expert knowledge of this field, can you share any other tips or advice that you think our readers should know? I am a big fan of getting your affairs in order early. Many clients often think they are too young to think about Wills or Lasting Powers of Attorney, but, as we have seen in the past year, none of us are invincible. With the pandemic, has anything changed about your services? As with everyone, we have had to adapt to the changes caused by the pandemic. In the
beginning, this caused many challenges with the witnessing of Wills but through windows, doors and car parks we managed to keep all parties safe and finalised their Wills. I think most people have got used to the changes now and some clients prefer being able to do video conferencing as they work full time so it is easier to fit in with their schedules. Will assets automatically fall to certain people in your family if you do not have a will? If you do not have a Will in place, your estate passes to your family as per the rules of intestacy. This may not be what you wish for as you may be estranged from your family. Further, you may wish for your estate to go to your unmarried partner. It is a common myth that common law spouses have the same rights as married couples. Best and most challenging parts of your job? My favourite part of the job is meeting clients, building a relationship with them and assisting them in what they need. I like to problem solve and I certainly do see some challenging problems! I would say the most challenging aspect of the job is balancing your time effectively. Sadly in this area of law you quite often are required to deal with urgent matters. A lot of the time this means you do have to drop everything and deal with that, but you also have to try not to let this detriment other clients.
rules only recognise biological and legally adopted children. Therefore if you wish to provide for a co-habiting partner or stepchild it is important that you make a Will. If someone is unmarried and has no living relatives, with no valid will in place, their estate could pass to the Crown (Government). By having a Will in place, it will be both clear who is to inherit and what they are to receive, whether it is money, property or other possessions. This should not only offer peace of mind but also avoid uncertainty, which is often the catalyst for arguments that arise between family members after a death. With the pandemic, has anything changed about your services? The pandemic has forced us to introduce new ways of working to ensure that we continue to provide a vital service to our clients, whilst adhering to Government guidelines, and to keep our clients and team as safe as possible. Where suitable, client appointments have been conducted outdoors at a social distance and via telephone and video link. We have also witnessed Will signings at a social distance and via video calls, in accordance with the recently introduced Government legislation. However our Covid-secure offices are open for pre-arranged meetings, for clients who require a face-to-face service. We also offer home visits when necessary.
What advice would you give those who are looking to sort out their Wills? Whilst the thought of making a will might be a daunting prospect for some, the pros of doing so greatly outweigh any cons. All adults should make a Will, and should review it to consider if it needs updating. We never know when life can change unexpectedly, and it is important and reassuring to have your affairs in order. Some people prefer to opt for ‘do it yourself Wills’ rather than instruct solicitors. However the laws and regulatory requirements surrounding the making of a Will can be complex. By instructing a solicitor you will have peace of mind that your Will is an accurate, legal document devoid of the errors that can lead to disputes and costly legal expenses.
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