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Power of Attorney should be made at the same time as the Will, says the Government
The Law Commission has published a consultation paper setting out proposals to amend the law of intestacy and family provision claims in England and Wales. The most controversial topic discussed in the paper is whether cohabitees should sometimes be granted a legacy. The Law Commission recommends that there should be an automatic entitlement after two years of cohabitation.
The Law Society has collected a sheaf of case studies showing that unregulated will writers are a severe risk to the public.
Lord Hunt's report on regulation of legal services, published this week, urges regulators to restrict will-writing and probate work to qualified lawyers.

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Power of Attorney

Clients who want to make a Will should be encouraged to sign a lasting power of attorney at the same time, according to the Ministry of Justice.

Junior justice minister Bridget Prentice is concerned that only 100,000 LPAs have been registered so far. In an interview on the BBCs Today radio programme, she said that increasing life expectancy means that every person in Britain should have an LPA in place, ready to be used when necessary.

The Ministry of Justice is now asking the Law Society to promote the idea to its members in the hope of increasing the take-up of LPAs among the general public. However, LPA applications are still taking between three and six months to be granted.

BBC "Today" Programme (audio)

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