Families are at the heart of the community. If you are planning for elderly relatives, making your Will, obtaining probate, administering an estate or dealing with difficulties in personal or business relationships, we offer a caring, supportive and professional service.
Judy Dyke and Clare Sillery, solicitors in our Private Client Team, are members of the Society of Trust and Estate Practitioners. They provide expert advice on the law surrounding Trusts, Estates and Inheritance. Ian Buchanan, also a solicitor in the team, is currently embarking on this widely recognised and respected professional qualification.
Wills and Trusts
Every individual should take advice and instruct a professional to prepare a Will in order to ensure that their property and affairs are dealt with in the way that they want. For straightforward Wills matters can sometimes be dealt with by one appointment to include finalising instructions, approving the draft Will and then producing an engrossment for signature.
For more complicated Wills involving wealth planning and perhaps Discretionary Trusts we and the client need to think more carefully. Draft documents can be prepared and exchanged over a sensible period of time by agreement. Some clients like to deal with us by email in relation to these matters which gives additional flexibility in terms of exchanging draft documents and incorporating amendments. We are happy to visit clients at their home address if they are unable to attend our offices.
We are also here to advise you, where appropriate, on setting up lifetime trusts and utilising pilot trusts. This is a complex area of law and we can advise you on whether you would benefit from sophisticated trust planning of this kind.
Probate
When someone dies there are many decisions and arrangements to be made. Unfortunately these often have to be made at a time of personal distress. You may require help with administrative and financial issues.
We will be happy to assist you or guide you at any stage through the complex and complicated area of administering the estate and reduce the pressures and worries of being an executor or administrator. We can help you to apply for a Grant of Probate, where there is a Will or a Grant of Letters of Administration, where there is no Will and the deceased has died intestate. We can also advise you in relation to a Deed of Variation where appropriate.
If you are in the unfortunate position where the estate has become contentious or there is an Inheritance (Provision for Family Dependants) Act 1975 claim, we are also able to help you.
Transferable Nil Rate Band
Preparing your application to transfer any unused nil rate band (the inheritance tax free allowance on death) from your late husband or wife’s estate now means that as a widow or widower you can fill in any gaps of information from your personal knowledge and create the relevant affidavit if necessary.
Potentially there is a tax saving of 40% of the value of the nil rate band at stake. Until 2012, 40% of £325,000 = £130,000.
We will be pleased to discuss this with you and advise you whether you may be able to take advantage of this inheritance tax exemption.
Powers of Attorney
In the event of loss of mental capacity, people can need help and support in relation to their finances and health and welfare matters. Lasting Powers of Attorney help those needing care and help those who are caring for others.
A Property and Financial Affairs Lasting Power of Attorney delegates powers in relation to finances including Property, investments, operating bank accounts, dealing with the Inland Revenue and sorting out State Benefits etc.
A Health and Welfare Lasting Power of Attorney deals with issues such as – what sort of care support is needed? Should it best be delivered at home or is residential or nursing care required? The appointed Attorney(s) can consent to or refuse medical treatment.
We can advise you in relation to Lasting Powers of Attorney, registering Enduring Powers of Attorney and General Powers of Attorney. We will also liaise on your behalf with the Office of the Public Guardian.
Planning for Care Fees
Issues that need to be considered include the relevance of means tested and non-means tested state benefits; your personal wishes about how you wish to be cared for – at home or in a supported residential environment; financial planning and the appropriate and supportive legal structures. We offer fixed fee consultations as an option if you want to start planning or review your current arrangements.
Cohabitation Agreements and Pre-Nuptial Agreements
Not every relationship between adults is about Marriage or a formal Civil Partnership. Some relationships involve two independent adults who are not contemplating having or looking after children. Safeguarding assets, which you have earned yourself prior to entering into the relationship or which your family have given you, can be important. Some couples want to make their own rules for what should happen in the event of a breakdown of the relationship. Cohabitation or Pre-Nuptial Agreements are forming an increasingly significant way for expressing your own wishes rather than leaving things to Family, Trust or Contract Law which can reflect historical rather than contemporary cultural aspirations.
For further information please contact:
Judy Dyke on 0121 693 2222
or submit an enquiry through the ‘Contact Us’ page.
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