This area of work includes, but is not limited to:

• Wills
• Powers of attorney
• Office of the Public Guardianship and Deputyship applications
• Inheritance tax planning
• Gifts and Trusts
• Residential/Nursing home advice
• Challenging a Will. Advice where you believe you have not received sufficient inheritance from a person who has died. (Called Family Provision)

Our aim is to look after you and your family whether you are single, married (including those in a registered civil partnership) or cohabiting, within a second relationship or in retirement.

Advice and action is very much tailored to a client's needs and we always act in the best interests of our clients.

Life is complex and arguably getting more so; it is rare for all family members to be in close proximity. Often we face competing claims and the level of information available to us through the media and internet is enlightening but can also be daunting. We abhor any kind of miss-selling of services/products that we feel are sold without the best interests of the client in mind and yes, there are organisations and people who do prey on us all, no matter how young or old, how experienced or knowledgeable we are.

With our knowledge and expertise we cut through the complexities and explain your options to you clearly; we will honestly appraise your needs/requests and advise you accordingly - we don't mind if we end up telling you to do nothing at all or recommend you to another organisation who can help you more than we can - that is why we are successful; our honesty and integrity means we act for generations of families who appreciate our care and concern.

Looking in a little more detail some of the areas we cover:

Wills

All wills should ensure you leave your money and property to whomsoever you wish. Wills can also help you to achieve:

• protection of money and assets from being used for nursing or residential care
• protecting people who you wish to benefit perhaps because he or she has matrimonial or relationship problems or financial worries
• protection of vulnerable or disabled people
• ensure that on second marriage any children from your first marriage are looked after but not to the detriment of your new spouse or partner.

When making a Will it is important to take the opportunity of an update on Powers of Attorney (see below), Inheritance Tax (see below) and to receive a warning if it is apparent that your Will might be challenged (see below).

Wills are revoked by a marriage and therefore it is important to remake your Will should you marry or take advice on whether you can make your Will in a way that it will not be revoked.

Powers of Attorney

Lasting Powers of Attorney allow you to appoint a person to act on your behalf in relation to your finances or in respect of personal welfare - whether you should have medical treatment if you not able to make the decision yourself. The powers continue in force should you become mentally incapable of dealing with things yourself.

Example - you are concerned that you may develop dementia and wish to ensure your family are able to look after your finances with as little trouble as possible. You appoint your son and daughter to act on your behalf under a Lasting Power of Attorney for Finance.

General Powers of Attorney again allow you to appoint someone on your behalf to deal with finance or legal matters such as the sale or purchase of a property but such General Powers are more limited and are not valid in the event of you becoming mentally incapable.

Example - you are off to Australia for a year and you wish your parents to deal with the renting out of your home.

Office of Public Guardianship

If you do not have a Lasting Power of Attorney (or an old style Enduring Power of Attorney) and you become mentally incapable of dealing with you money and property then your next of kin have to apply for a Receivership or Deputyship Order. The Order allows your next of kin to deal with your property and affairs. We advise our clients to consider making Lasting Powers of Attorney rather than have to fall back on the Office of the Public Guardian - planning ahead is more cost effective and less worrisome for your family.

Example
Your father has been discharged from hospital to residential care, now unable to look after himself at home and in a very confused state. You need to sell the family home to pay for care and need access to bank accounts to pay bills. If there is no Lasting or Enduring Power of Attorney in place then you must apply for a Deputyship Order. This can take 3 to 5 months. The home may well be patient for a time but as a business must require you to pay fees as soon as possible for cash flow purposes.

Inheritance Tax planning, gifts and trusts

Inheritance tax has become less of a burden because spouses can use both inheritance tax allowances on second death (currently £312,000 each). To ensure both allowances can be claimed you will need to do some forward planning.

If you remain concerned about inheritance tax then we can advise on making gifts that are valid for reducing the burden and we can advise whether such a gift can be outright or by way of a trust and the immediate and ongoing taxation consequences.

We will also advise you about seeking advice from an independent financial adviser to look at insurance and other options to reduce inheritance tax.

Example - you wish to give £20,000 to each of your two grandchildren who are 18 and 14. You want them to be able to use the fund to help with university fees but don't want them to be able to use it for anything else without your say so. Setting up a trust with you as a trustee could be an answer. The fund could pass to a grandchild when they reach 22 years. As a trustee (there must be two) you would be able to control the trust fund and make decisions as to what payments should and should not be made.

Example - you want to give your home to your children to save inheritance tax.

Residential and Nursing care

This is a complex area of law and often becomes relevant to a family at a time of trauma e.g. when a family member is assessed for a care package or has to enter residential or nursing care.

A person's rights, the processes and entitlements need to understand at an early stage to ensure the best possible outcome. Again forward planning can assist and give you and your family peace of mind.

Challenging a Will

There are a number of grounds on which a Will can be challenged including:

• undue influence - where the person making a Will has perhaps been bullied or persuaded to make a Will in a certain way
• lack of capacity - the person making the Will did not have the understanding required to make a Will or were suffering delusions which meant they were not of sound mind
• Family Provision. Where a person making a Will has failed to benefit a person whom he or she has a legal or moral obligation to benefit. This might be a spouse or a child who is a minor.

Family Provision claims are becoming more common and cases are expensive to bring and defend. If you make a Will and fail to leave anything to your spouse who has been reliant on your wealth then such a claim could be made. Likewise if you promise to benefit a person and on the basis of that promise the person acts to their detriment, a claim may arise.

Example - you persuade your son and his family to give up their secure rental accommodation and move in with you to look after you and promise you will ensure your Will provides them with a home when you die. If you leave everything to your other son, then you could face a claim.

If you require further information or would like to speak to a member of the team direct, please contact us using the details below:

01376 321311

Send an email

The Team

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