Private Client

INTRODUCTION

Our private client department is staffed by a team of four solicitors, delivering an effective, expert service on issues where practical and efficient solutions are important for your peace of mind.

We can advise you on:

  • agricultural property
  • elderly clients
  • inheritance tax planning
  • lasting powers of attorney (LPA)
  • probate administration and disputes
  • trust administration
  • wills

For more information on how we can help you, please contact us.

AGRICULTURAL PROPERTY

As a practice located at the heart of three farming counties, we are well placed to understand the issues affecting farms, estates and other rural businesses.

We act for a number of agricultural clients and regularly advise on legal issues including the sale and purchase of estates, farm land and properties and other agricultural businesses.

Our experienced team can also advise on landlord and tenant issues and on inheritance tax planning for farmers.

For more information on how we can help you, please contact us.

ELDERLY CLIENTS

As they grow older, many people find it increasingly difficult to manage their financial affairs.

Sometimes these circumstances arise earlier, as a result of an illness, disability or an accident.

We can advise on a number of ways to ensure that your financial affairs remain in order and that your assets are protected for your own and your family’s security and peace of mind. These include:

  • Lasting Power of Attorney
  • living wills – a document that sets out a patient's wishes regarding their health care and how they wish to be treated if they become seriously ill and are unable to make or express their own choices.
  • wills

For more information on how we can help you, please contact us.

INHERITANCE TAX PLANNING

Inheritance tax (IHT), which is paid on estates after the death of the owner, is a complex issue and it is wise to consider this at the same time as you make or update your will.

More and more families, in quite modest homes, have been forced into the IHT bracket, although new measures introduced recently have eased the burden to some extent.

Each individual has their own nil rate band on which there is no inheritance tax to pay.  Any unused part of the individual nil rate band - £325,000 in 2018-19 - can be transferred from the first spouse or civil partner to the other on their death. In most cases the whole estate is left to the survivor, which means that they benefit from a double nil rate band.

Complex rules apply for claiming an additional residential nil rate band and how your will is structured can affect whether or not your claim succeeds.  In some circumstances this can make a difference of nearly £100,000 inheritance tax due or saved.

However, seeking professional advice is sensible, and we are particularly experienced in working with family businesses and family-run firms, as well as clients with agricultural assets.

Because we make sure that we understand your personal circumstances, we are well placed to advise on and develop solutions for inheritance tax planning. As we deal regularly with HM Revenue & Customs on probate issues, we also have the benefit of practical experience in how IHT legislation is being interpreted.

Our expert team can also advise on a number of options for reducing IHT liability, including the use of trusts.

For more information on how we can help you, please contact us.

LASTING POWER OF ATTORNEY

The Lasting Power of Attorney (LPA) allows you to appoint someone to manage financial and other matters on your behalf when you are no longer able to do so for yourself.

We’ll provide you with clear, straightforward advice on the implications of taking such a step, which is a sensible move for anyone making a will.

An LPA allows the person making the arrangement –the donor – to give a relative, friend or professional adviser the legal authority to manage their financial and property matters if they become mentally incapacitated. This person is known as an attorney.

The LPA also allows the donor to give an attorney – not necessarily the same person as the one handling their financial affairs – the power to make decisions on matters including their health and welfare.

Our expert team can advise and assist you in arranging an LPA, which avoids the need for complicated legal proceedings to unfreeze the assets of someone who has become incapable of handling their own affairs in old age – or at any age – but has made no provision in case that happens.

An attorney always has to act in your best interest so it is vital that you appoint someone who will do so. If you cannot find an appropriate person, we may be able to act as your attorney.

We can also ensure that the power is properly given and, where appropriate, registered at the Court of Protection.

For more information on how we can help you, please contact us.

PROBATE ADMINISTRATION & DISPUTES

When someone dies, it is a sad and difficult time for those left behind. A death also results in significant administrative matters, such as probate, to deal with, which can add to family and friends’ distress.

Probate is the legal process of distributing someone’s assets after their death. Dealing with even quite small estates can create considerable amounts of paperwork, which can be challenging for people who may deal with this situation only once or twice in their lifetimes and if there is no will, the situation is even more complex.

We will use our expertise in this specialist field to ease the burden of the probate process, giving you peace of mind that matters are in the hands of professionals who will deal with these efficiently and effectively.

Sometimes probate can lead to disputes. For example, a beneficiary may feel that they have been inadequately provided for and the resulting disagreement may lead to a will being challenged.

Our expert probate team will use its experience in this field to resolve probate disputes, taking an objective view of the issues and using our professional skills to find practical solutions and satisfactory outcomes.

For more information on how we can help you, please contact us.

TRUST ADMINISTRATION

Trusts are often thought of as something only for the very rich, but they can vary widely – from a small investment portfolio to large holdings of land and property.

They can be created during the lifetime of the person creating the trust or through their will and provide a useful, flexible tool to protect assets in a tax-efficient way.

We are experienced in trust administration and offer services including management of trust assets, advising trustees, liaising with trust beneficiaries and preparing annual accounts and tax returns.

We can also act as a point of contact for others involved in a trust, such as accountants or land agents.

For more information on how we can help you, please contact us.

WILLS

A well-drafted and flexible will is a key tool to protect your family or dependants in the future, yet half of all Britons fail to take this sensible step.

A will allows you to organise your estate so that you can pass on your wealth to the people you want to benefit, avoid unnecessary tax bills and specify exactly how your assets are dealt with. It also gives you peace of mind that you can make arrangements for the care of your children or dependants in the event of your death.

Without a will, there is uncertainty and your family or dependants may not benefit in the way you had intended: where there is no will, the State sets the rules.

Our expert team can advise you on the issues you need to consider and the drafting of your will to reflect your wishes.

We can also advise on matters including the appointment of a guardian for children aged under 18, options to protect your estate, such as trusts, inheritance tax and on preparing a Lasting Power of Attorney, which it is wise to put in place alongside your will. We will also ensure that your will is properly dated, signed and witnessed, which is critical to the validity of your will.

Our clients are often concerned about the cost of care if they become unable to remain living at home. In particular they are concerned that nearly all their savings may be used to pay for their care and will not be available to pass on to their children.

We offer advice in respect of Wills and Trusts which can help to protect some of the assets in a couple's estate from future care fees.

Some people use the terms "Care fee Wills" or "Blood line Wills" to refer to this type of arrangement.

If this is an area of concern to you we suggest you make an appointment to discuss it with one of our qualified solicitors.

Making a will is a simple, affordable step that will give you peace of mind that your loved ones will be looked after when you are no longer around.

For more information on how we can help you, please contact us.