Gates and Moloney offer a range of legal services, we pride ourselves on a friendly and straightforward approach to deal with your needs.
Moving home can be an emotional and stressful time as it requires a number of different parties to agree the contract details and a time to complete the transaction. We understand the importance of your transaction to you and our aim is to keep you involved with every step of the conveyancing process, at all times giving practical guidance and help at a fair price.
We pride ourselves on our extensive local knowledge and long established relationships with local estate agents.
We can help with:
House and flat sales and purchases
First time buyers/shared ownership schemes
Mortgages and equity release
Right-to-buy, enfranchisement and lease extensions
We are able to advise and represent you in all aspects of family law from dealing with relationship breakdown to simple or complex financial issues or disputes relating to children within the family.
We recognise that everyone's situation is different and we take time to discuss your particular circumstances and suggest appropriate courses of action with you prior to commencement. We will always make you fully aware of what the case may involve personally and financially and ensure you are always kept up to date with any developments in your matter.
Our Areas of Expertise
Residence & contact
Disputes between unmarried partners about children and money or property
Domestic violence and emergency injunctions
Advice on civil partnership disputes
If someone becomes mentally incapable of dealing with their financial affairs and they do not already have either an Enduring Power of Attorney or Lasting Power of Attorney in place, it will instead be necessary for a member of the family or a professional to make an application to the Court of Protection to be appointed as their Deputy.
As a Deputy you will be responsible for managing the day to day financial matters and personal welfare of the mentally incapacitated person. You will be supervised by the Court and expected to account to them on an annual basis.
We can assist you in making the application to the Court. In addition, we can also act as Deputy's and manage the financial affairs for people who may not have a suitable or willing family member to act.
Many people underestimate the importance of having a professionally drafted Will. By making a Will, you can ensure that you make adequate provision for your loved ones and/or benefit your favourite charities.
If you die without having made a Will then your estate will pass in accordance with the Intestacy Provisions. This can often result in distress, increased expense and a very uncertain future for your family and friends, especially for unmarried partners who are currently not considered within the Intestacy Provisions. Although married couples have some protection under the Intestacy Provisions, they may not get as adequate provision as you would have hoped and expected. In addition, you can make provision for who will administer your estate and who will be the guardian of any minor children.
We strongly advise that you do make a Will and review it regularly, especially when events such as marriages, divorce, births and deaths have occurred within your family or friends. Making a professional Will costs less than you think – we offer value for money fixed fees for simple Wills and we are happy to store your Wills and Property Deeds free of charge.
Probate is the term used when dealing with the property, assets and liabilities of a person after they have died.
There are many formalities involved from ascertaining the assets and liabilities to obtaining a Grant of Representation and preparing the necessary tax forms to distributing the estate. We can guide you through this process in as simple and sympathetic way as possible.
We can also advise in cases where there is no Will (intestate estates) and how the estate is administered and distributed in this situation.
In addition, we can also work alongside our Conveyancer to handle the sale of any property or land owned by the deceased.
Powers of Attorney
A Power of Attorney allows you to appoint somebody you trust (an attorney) to manage your financial and personal affairs should you become unable to manage them yourself. They also allow you to put restrictions and conditions on their use to ensure you feel at ease and protected.
There are three main types of Power of Attorney:
Ordinary Powers of Attorney
An Ordinary Power of Attorney can be particularly useful if, for example, you are intending to be overseas for an extended period of time. The authority granted can be general or limited to particular affairs and it is possible to limit the Ordinary Power of Attorney to a specified period of time.
Alternatively, the Ordinary Power of Attorney can be cancelled by the Donor at any time by a Deed of Revocation. There are, however, certain events which automatically cancel the Ordinary Power of Attorney, for example, if the Donor loses mental capacity.
Enduring Powers of Attorney
Before October 2007, it was possible to make an Enduring Power of Attorney so you could allow someone you trust to act for you if you can no longer manage your property and financial affairs.
Whilst it is no longer possible to make an Enduring Power of Attorney, any Enduring Power of Attorney made prior to 1st October 2007 remains valid, provided that both the Donor of the Power and the attorney/s all signed the Enduring Power of Attorney prior to 1 October 2007.
An Enduring Power of Attorney can be used, at your request, by your attorney/ attorneys whilst you still have mental capacity. This can be of particular use if, for example, you become housebound or would like some extra help.
If you start to lose mental capacity to manage your finances, your attorney/attorneys are under a duty to register the Enduring Power of Attorney with the Office of the Public Guardian.
We can provide you with advice in relation to your existing Enduring Power of Attorney.
Lasting Powers of Attorney
Lasting Powers of Attorney were introduced to replace the former Enduring Power of Attorney. There are two types of Lasting Power of Attorney and you can choose to make either one or both:
Property and Affairs LPA
A Property and Affairs Lasting Power of Attorney allows you to appoint attorney to make decisions on your behalf about your property and affairs. The decisions can include paying your bills, collecting your income and/or benefits or selling your property.
The Lasting Power of Attorney can only be used once it has been registered at the Office of the Public Guardian.
Once registered, you can authorise your attorney/attorneys to use the Lasting Power of Attorney at any point or at a time when you are no longer able or lack the mental capacity to take those decisions yourself.
Personal welfare Lasting Power of Attorney
A Personal Welfare Lasting Power of Attorney allows your attorney to make decisions on your behalf about your personal welfare, eg where you live and what activities you do etc.
It can only be used once the form is registered at the Office of the Public Guardian and you have become mentally incapable of making decisions about your own welfare.
The Personal Welfare Lasting Power of Attorney also allows you to inform your attorney/attorneys of your preference in relation to life sustaining treatment