Private Client

There are many issues which require immediate attention when someone dies. We have considerable experience of the administration of estates. We will guide you through the process of dealing with an estate by offering practical advice and ensuring that matters are dealt with in the best possible way to minimise the worry and stress for you.
Our services include the following:

• Advising on the terms of the will or (if there is no will) on the application of the intestacy rules
• Protecting property interests (including arranging insurances where appropriate)
• Obtaining valuations of assets
• Ensuring that all available tax reliefs are claimed and advising on possible tax mitigation strategies
• Obtaining the grant of probate or letters of administration
• Collecting in the assets of the estate, or transferring them to beneficiaries or trustees where appropriate
• Completing all necessary tax returns
• Ensuring that all tax and other liabilities are satisfied
• Preparing the estate accounts detailing the assets and liabilities of the estate
• Varying the entitlement under a Will (or an intestacy) by way of a Deed of Variation

A power of attorney is a legal document that allows a person to appoint someone else as their “attorney” giving them the authority to make decisions on their behalf.

Lasting Powers of Attorney (LPAs) enable the attorney to continue to make those decisions even if the person who appointed them becomes mentally incapable.

There are 2 types of LPA:-

• Property and Affairs – enables your attorney to deal with your property and finances on your behalf. With this type of LPA you can agree that your Attorneys can use it straight away even though you are still mentally capable
• Personal Welfare – enables your attorney to make welfare and health care decisions on your behalf if you are unable to make such decisions for yourself. With this type of LPA it can only be used once you become mentally incapable.

The LPA will need to be signed by you whilst you are capable of understanding the document. It is worthwhile considering whether this should be put into place sooner rather than leaving it until it is too late!

Where a person has not made an LPA for Property and Affairs and has lost mental capacity then an application must be made to the Court of Protection for their financial affairs to be managed by a Deputy. We can help and assist with this process to make it as simple and easy as possible.

We are able to assist you with:-

• Advice on and preparation of LPAs
• Registration of LPAs with the Office of the Public Guardian (OPG)
• Registration and advice concerning Enduring Powers of Attorney (which could only be made up to the 30 September 2007)
• Advice and applications to the Court of Protection for the appointment of a Deputy
• Advice and applications to the Court of Protection in your role as Deputy

We offer a comprehensive estate planning service, advising individuals on all aspects of inheritance tax, capital gains tax and succession planning.

We are able to assist you with:

• inheritance tax planning advice
• capital gains tax planning advice
• taxation of estates

The purpose of your Will is for you to decide:-

• how you wish your Estate to be dealt with;
• who is to have your Estate; and
• with what conditions (if any).

If you do not make a Will you die “intestate”. Your estate will then pass in accordance with the “Rules of Intestacy” which may not be to the people that you would like to inherit. This is particularly important for people who are cohabiting, as your partner would not automatically
be entitled to receive anything from your estate.

Your Will is an important legal document and we would suggest that you use a Solicitor to make your Will – a homemade Will can contain mistakes or create trusts that you did not intend and could be expensive to rectify after you die!

When making a Will some of the things that you should consider are:-

• Who you would like to administer your estate when you die – these are your Executors
• If you have children who would you like to look after them when you die – these are Guardians
• What do you have to give away – do you want to include gifts of specific items (referred to as personal chattels) or amounts of money in your Will?
• Who do you want to inherit everything else that you own when you die – this is called the residue of your estate
• Do you have any specific funeral wishes that you would like to include within your Will?

We can assist you with:

• Preparing new wills and codicils
• Advising on inheritance tax
• Advising on succession planning

Contesting the estate of a loved one can be awkward and extremely distressing.  We understand the sensitivities and the emotions involved.  From the outset we will provide you with reassurance and a realistic assessment of your case.
If the intestacy or Will has made no provision for a close member of the family or a dependant, a claim for reasonable financial provision can be made pursuant to the Inheritance (Provision for Family and Dependents) Act 1975.  To bring such a claim, it will need to be issued within 6 months of the date of the Grant of Representation and that one of the following applies:-

1. You were married to or a civil partner of the deceased (but if you divorced under a Clean Break Order you cannot apply); or
2. You were an unmarried partner of the deceased and lived with him/her for more than 2 years (this includes same sex couples); or
3. You were a child of the deceased or treated as a child of the family; or
4. You were a dependant of the deceased, for example, if the deceased was paying maintenance to you.

Grounds for contesting a Will
The most common grounds for contesting a Will include the following:-

1. The Will was made against the deceased’s wishes i.e. undue influence has been applied.
2. The deceased lacked the mental capacity to make a Will.
3. The deceased was put under pressure to make a Will.
4. Lack of formality ie the Will was not witnessed by two individuals.
5. Fraud and forgery.
6. The Will has made no provision for a close member of the family or dependant when they should have been included (such as an unmarried partner, spouse or young child).

How can I contest a Will?
If it can be established that the deceased did not have the relevant mental capacity or was subject to undue influence an application can be made to court requesting that the Will be declared void.