wills, living Wills and powers of attorney
 
It is a fact that whilst most people are full of good intentions when it comes to their families and management of their personal affairs, very few people get everything in order while they are still relatively young and fit. It is a common misconception that Wills are only for the elderly, infirm and the wealthy.

Fewer than 30% of us have made a Will and of those who have a large proportion do not change it when their circumstances change. This could mean that it is no longer tax effective and may even be invalidated as a result.

We can help you pass your wealth onto your loved ones with as little as possible going to the taxman.

Whether you are a private individual, company director, property portfolio owner or shareholder, we can offer a broad range of friendly, professional advice tailored to meet your requirements. This includes the following:-

Wills

Without a Will you cannot control what happens to your assets when you die, and you may leave your dependents with a tax burden or other problems. If you are a company director, shareholder and / or property owner you should seek specific guidance on the impact of death not only on your family but also your estate and your business. If you are not married to your Partner the law does not recognise you as a beneficiary even if you have lived together for many years, and it may take complex litigation to recover what you believe is rightfully yours. We aim to provide our clients with a tax efficient Will that suits their particular circumstances.

Professional Executors
 

Ordinarily, we would normally recommend that you consider appointing at least one family member to be an executor of your Will. There are, however, circumstances in which it can be prudent to appoint a professional executor as well.
There are advantages in having an independent and objective voice who can help to prevent potential family disputes and move the process forward smoothly. You should also bear in mind that although parts of the work of administering the estate are routine, there are many technical elements which will require help.
We would be happy to discuss the advantages and disadvantages of professional executors with you in more detail.


Succession Planning

We can advise on effective ways of passing on all of your business interests

Charitable Gifts

There are a number of tax exemptions for charitable gifts and we can help you make maximum use of the thresholds.

Living Wills

In most instances when you are ill, you are able to discuss options with you doctor and you cannot be given medical treatment without your consent. If you were to be admitted to hospital but were unable to process information or understand the implications of the proposed treatment then you would ‘lack mental capacity.’ It is in this type of situation that a doctor would be assisted if he was able to access information that reflects your wishes – this could be in the form of an advance directive or ‘Living Will.’ Although it is not recognised at law, a doctor is duty bound to comply with a valid advance directive. You should ensure that the information is clear and concise, that you discuss it with your General Practitioner first and that you store it with your original Will.

Enduring Powers of Attorney

An Enduring Power of Attorney is an inexpensive way of enabling people who are still mentally capable to decide who will deal with their affairs were they to become mentally incapable through illness or accident. You can determine the exact powers that the Attorney has over your affairs. If you were to become mentally incapable your Attorney can apply to the Court of Protection to register the power.

Court of Protection Applications

Where someone does not have an Enduring Power but were to lose mental capacity and has assets that need managing, you should make an application to the Court of Protection, who will then appoint a Receiver to act. We have a great deal of experience in this area and can help you complete the application.

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T: 01952 272222 | F: 01952 272223 | E: law@martinkaye.co.uk | W: martinkaye.co.uk | DX 725100 Telford 10