Private Client
Overview

Having a valid Will in place is extremely important – it will help make sure your estate benefits your loved ones and that it is left to them in the most tax efficient way. Our bespoke Will service enables you to achieve this. We take the time to understand your specific circumstances and requirements and discuss the various options, including the pros and cons, with you. We are here to guide you through the entire process, making sure you settle on something that works for everyone involved.

Simple Wills can be useful for assets that have been valued at less than £1million. For example, a husband and wife may wish to leave everything outright to each other, and on the death of the second to be split between children. Some people like the simplicity of these will structures and they can be appropriate, depending on circumstances and assets. However there can be drawbacks, and there is  no protection of your assets down your bloodline.

Many families now function on a second relationship basis. I.e. a couple may have children from previous relationships and a new spouse or partner. If the couple is married, there is a legal duty for them to provide for each other in a Will. However, if the first spouse/partner passes away, it is not uncommon for there to be an expectation for capital to be preserved for the children from the previous relationship.

This can be achieved via a life interest Will trust – only interest can be passed on to the spouse or partner. However, the survivor can also retain the right to live in their property until they die. This is quite a rigid structure and there can be drawbacks, which we can discuss with you.

There are also flexible life interest trusts or discretionary trusts that offer certain advantages in terms of tax and succession. Your choice of executor is particularly important here.

Are most appropriate for assets valued at around £2million. They can operate as a vehicle for inheritance tax planning and a means of preserving wealth down your blood line. If drafted carefully, they can protect your finances in the event of a divorce of the beneficiaries. They can also protect you against creditors, if one of the beneficiaries has a failing business. And they can protect the beneficiaries (to some extent) against predatory third parties.

If you are entering into a surrogacy arrangement and have a Will, you should ideally get specialist advice in relation to your Will. If you were to die before the parental order is implemented, the child within the surrogacy arrangement would not benefit under your standard Will. We can tailor your Will to your specific circumstances, e.g., frozen embryos for couples who have gone through IVF. Surrogacy Wills extend beyond the surrogacy arrangement and after you have become legal parents.

Lasting Powers of Attorney (LPAs) are most probably the most important legal document you will draw up in your lifetime, ideally before you lose your mental capacity to make crucial decisions. Once capacity is lost, it is too late to implement an LPA; you will need a court order in order to do so, which can be a lengthy process. Creating an LPA involves two key documents – one deals with your finances, and the other, with your health.

It is essential you appoint attorneys you trust to manage your finances and make important health-related decisions when you are no longer able to do so. In addition to providing you with advice, we believe it is important we advise your attorneys on what their duties and obligations are and what they can and cannot do. It is crucial they prioritise you and your needs – in the event of you losing capacity – gifting and inheritance tax planning is usually too late.

We can help you assess whether a lifetime trust or Will trust is the best way for you to manage your assets tax efficiently and for the benefit of your entire family. We can draw up the trust and advise the trustees on their duties. We can also handle all of the ongoing trust-related administration on your behalf. Trusts can be set up while you are alive or after you have passed, and are particularly useful for balancing competing family member interests. They are also key for helping preserve your wealth down your bloodline. There are significant tax implications associated with setting up a trust, making it even more important for you to obtain expert advice beforehand.

We act for personal representatives and executors in relation to all aspects of applying for a grant of probate or letters of administration (involving UK-based assets).  Most of our cases have an international element to them, with assets frequently existing in various other jurisdictions (cross-border estates). We are often required to obtain reseals of grants from other jurisdictions.

Whether there are queries involving inheritance or concerns about previous Wills, we offer expert advice on contesting or upholding estate arrangements.

We understand the complexities and sensitivities involved when a loved one loses the capacity to make important decisions. Our expert Court of Protection team offers a compassionate and bespoke service that is aimed at safeguarding the personal welfare, financial security  and legacy of those who are no longer able to act on their own behalf.

Managing the financial affairs of someone, who is lacking capacity, requires careful planning and a thorough understanding of the law. We deal with all aspects of property and financial affairs disputes with the utmost discretion and precision:

• Financial management: We help families and deputies navigate the legal responsibilities of managing assets, ensuring transparency and accountability.
• Disputes with attorneys or deputies: We can advise if there are any concerns relating to the actions of a deputy or attorney and help you challenge their decisions.

When somebody no longer has the mental capacity to create or amend a Will, the Court of Protection can step in. We have extensive experience of navigating these sensitive situations and can help you make sure your loved one’s estate is distributed fairly and in line with their values and intentions.

Creating a Statutory Will: We handle the entire process and make sure the Will reflects your loved one’s likely wishes. This is particularly important if there are any family disputes or if previous Wills have generated any concerns.

Family considerations: We work closely with you to make sure the Court takes the person’s family relationships, past wishes and values into account.

If no Lasting Power of Attorney exists, we can help appoint deputies to manage an individual’s property, financial or personal welfare affairs.

• Financial deputies: Our lawyers are experienced in supporting deputies with complex financial decisions, ranging from managing bank accounts to selling property.
• Health and welfare deputies: For cases involving personal care or medical decisions, we advise on how best to protect the individual’s interests.
• Contested deputyships: If disagreements arise over the suitability of a proposed deputy or the actions of an existing one, we provide strategic advice, enabling conflicts to be resolved swiftly and discreetly.

Disputes over mental capacity can be challenging and extremely personal and sensitive. We guide clients through the legal process, helping determine whether someone has the capacity to make specific decisions and making sure their rights are always respected.

When it comes to making critical decisions about healthcare, living arrangements or caring for vulnerable individuals, it is not uncommon for disputes to arise within families or between care providers. We guide you through the process, making sure that decisions made by the Court are always in the best interests of the individual.

• Best interests decisions: Whether the decision involves medical treatment or day-to-day care, we can assist in helping secure the best possible outcome.
• Deprivation of Liberty Safeguards (DoLS): We can provide clear and objective advice on whether restrictions on an individual’s freedom are appropriate and lawful.
• End-of-life decisions: In emotionally-difficult situations involving life-sustaining treatment, we are here to listen and provide expert guidance that is tailored to your specific circumstances.

In cases where life-changing medical treatment is required, we provide expert legal advice on disputes relating to whether certain treatments should be administered or withheld. Our team is skilled at handling these sensitive matters with the care and attention they deserve.

We provide tailored advice and representation for all Court of Protection matters, providing you with peace of mind during highly emotional and legally complex situations. Whether you want to protect the welfare of a vulnerable loved one, resolve family disputes, or manage their financial affairs, we are here to support you with discretion and expertise.