Personal Law Services

What we do

• Wills and inheritance tax mitigation

  Inheritance tax was introduced by the Finance Act 1986 and is a charge on the value of the assets of anyone who dies living in the United Kingdom. The main rate of inheritance tax is currently 40% and this applies to the value of the assets owned at death, to the value of any gifts made in the seven years prior to death and on certain types of interests in trusts.
  
  There are steps you can take to protect the value of your assets and the interest of those who will benefit from these assets.

  Inheritance tax planning works to safeguard an inheritance so that it is not taxed unnecessarily and is received safely and appropriately in the hands of the intended beneficiaries.  Planning your finances in advance will help you to ensure that when you die your assets are passed to the people you want to receive them.  Inheritance tax planning can assist you in providing a sound financial future for your family.
  
  Our personal law team can offer a bespoke service tailored to your specific aims and to help you deal with these complex issues by looking to maximise the benefits that the use of appropriate legal documents provide. 

  With careful planning you can mitigate against inheritance tax and our experienced personal law practitioners can guide you through the legal and practical complexities in this area. Read more here

• Powers of Attorney

  Powers of Attorney are individuals who are given the authority to take over and administer your affairs if you lose capacity to make decisions for yourself.  Choosing a Power of Attorney can be just as important as making sure you have a Will. 
  
  Our personal law solicitors offer advice about Powers of Attorney and advise attorneys on their rights and duties under the authority given by such documents. 
  
  Recent changes in the law have made it more important to be aware of the affect and scope of these documents and the decisions that should be made. Read more here 

• Succession planning and capital tax advice

  Effective succession planning can protect, maintain and devolve family wealth and address non-tax issues such as the age at which children should inherit and whether or not it is suitable to leave outright gifts. Succession planning is an important issue, particularly in the cases of early death, retirement or family disputes. The issue of how best to pass assets to the next generation may be one of the biggest challenges that you face. The complexities surrounding the transfer of property ownership involves making informed decisions about the future based on individual circumstances.
  

  Outdated wills and a lack of financial planning can result in significant problems for families. For example many family-owned businesses do not survive the transition from founder to second generation.

  Our personal law team have extensive experience in advising on and putting into place effective succession planning.  The team work closely with our corporate and commercial teams to advise on planning for the unexpected so you can protect and maintain your family wealth.

  We can ensure that Wills and other lifetime planning tools are put in place to make sure that any potential problems are mitigated, or avoided entirely, following death. 

• Probate and estate administration

  Probate law is a term commonly used when talking about applying for the right to deal with a deceased person’s affairs.  It’s sometimes called “administering the estate”.

  When someone dies an application is made to the Probate Registry to get permission to deal with their affairs. In some cases disputes can arise when the estate is not thought to have been administered properly or some beneficiaries do not get what they believe they are entitled to.

  In practice different terms are used, depending on whether or not the deceased person left a will and where they lived.  If the person who has died left a will, then one or more executors may be named in the will to deal with the person’s affairs after their death.  If there is no will, or the only person appointed as executor is unable to act due to being out of the country, a close relative of the deceased can apply to the probate registry to deal with the estate.  They are known as 'administrators' of the estate.  In some cases, for example, where a person who benefits is a child, the law states that more than one person must act as administrator. If the deceased person lived in Scotland you must apply for a 'grant of confirmation'.

  Our personal law team can offer you a discrete probate law service to guide you through the entire process of dealing with such affairs.  Our aim is to assist the personal representative (the executor or administrator) and family of the deceased, making it as easy and painless as possible.  We have expertise in probate law, inheritance tax, business and overseas assets issues which often arise when dealing with someone’s affairs after their death.

  Our probate and estate administration team can also, if necessary, advise on any disputes that may occur during the probate law process and ensure the best results for clients whilst being sensitive to family issues.

  The administration of a deceased person’s assets must be carried out in accordance with the law of the country in which the executor or administrator is granted them.  Therefore assets dealt with by an English personal representative must be administered according to English law, and assets administered by a foreign personal representative must be administered according to the law of that foreign country.  Often an estate may involve the administration of assets in a number of jurisdictions.

• Court of Protection matters

  The Court of Protection exists to look after the legal welfare of people who cannot look after themselves and who do not have an effective power of attorney in place.

  We have a team of highly experienced advisers who will be able to help you and your family navigate the Court of Protection processes and assist with the day-to-day administration of matters to be dealt with such as the administration of the accounts and other assets, once the final Court process has been finalised.

• Creation and administration of trusts

  A Trust is a legally recognised vehicle which can be used to maximise tax mitigation and pass the benefits of property ownership whilst also protecting vulnerable individuals against occurrences such as divorce or bankruptcy.

  Trusts still offer an excellent way of exerting planned control over assets, offering tax savings and protecting the interests of beneficiaries. It is important to review existing Trusts on a regular basis to ensure they remain appropriate and tax efficient vehicles.

  Our personal law advisers can assist with any restructuring issues which may arise with the creation and administration of Trusts. Our personal law team can also assist in the event of any dispute regarding the interpretation of the terms of the trust, the exercise of any of the trustees’ powers or the trustees’ execution of their many duties.

• Learning Disability Trusts in Wills

  A number of problems can occur when planning for the future of a beneficiary with a learning disability. One solution could be to have a learning disability trust in your Will. It is important to be aware of the relevant law, welfare and social security legislation when deciding on the best structure and approach to adopt for his or her future protection.

  We also can help in the event of any dispute regarding the interpretation of the terms of the Trust, Trustees execution of their duties or the exercise of the Trustees power to find the most innovative and effective solutions.

  Read more here