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