Life Estate Planning Solicitors

• The ‘donor’ must be 18 or over and have mental capacity (ability to make their own decisions) when a LPA is made.

• The ‘donor’ doesn’t need to live in the UK or be a British citizen.

In England and Wales, there are two types of LPA available:

• health and welfare

• property and financial affairs

The ‘donor’ can choose to make one or both and can appoint different attorneys for each, if you feel they are more qualified to execute decisions in your best interest. You should choose someone you trust and will be comfortable to make decisions on your behalf.

A Health and Welfare LPA allows you to appoint someone to make decisions about your healthcare and welfare, should you not be able to. This can include decisions to consent to, or refuse treatment on your behalf, and deciding on where you live.

A Property and Financial Affairs LPA allows you to appoint someone to make decisions about how your property affairs are managed, and how your money should be spent.

Your attorney needs to be 18 or over. They could be:

• a relative

• a friend

• a professional, for example a solicitor

• your husband, wife, or partner

At the Howe Practice, we are committed to assisting our clients in managing their general affairs during their lifetime as much as upon death, for reason we offer a no fee and no obligation initial consultation.

It’s never too early to make an LPA, but it can be too late. Being prepared ensures you remain in control and can choose who you want to handle your affairs, as well as how they do so.

Putting an LPA in place allows your attorney can act on your behalf as soon as is required, and spares the process of applying to the courts for permission to deal with your affairs at an already difficult time.

A Will, also known as a Last Will and Testament, is a legally prepared document that allows you to specify your wishes regarding the distribution of your assets (known as your estate) after you’ve died.

The main purpose of your will is to distribute any property you own in the event of your death, however it may also specify a number of other provisions including:

• Who receives all your possessions. Many people believe a partner or spouse will automatically receive your assets, but this is not always the case. If this request is not clearly specified, challenges or will disputes could arise.

• Appointing a legal guardian for any children aged under the age of 18 at the time of your death.

• Specifying what you want to happen to your assets should your named beneficiaries die before you.

• Specific bequests such as charitable donations, or family heirlooms or items.

• Funeral wishes, including whether you wish to be cremated or buried and any ceremonial requests.

If you die without a will, you die intestate and if you die intestate, the beneficiaries of your estate are prescribed by Intestacy Rules, not chosen by you. These rules were written in the 1920’s, when life, wealth and family structures were extremely different. Most people now agree these rules are inappropriate for modern families.

Occasionally, it won’t make any difference, but in a lot of instances, having a will can make a radical difference to your loved ones.

You may have doubt over whether a will is legally valid. To ensure it is,

• You need to get your will formally witnessed and signed

• You should retain the original signed document, as a copy is not valid

We can store your original will document that you write with us in a secure store – completely free of charge.

You should consider professional advice for your will if:

• You share a property with someone who isn’t your legal spouse or civil partner,

• You want to leave money or property to a dependent under the age of 18 or who can’t care for themselves,

• You have several family members who may make a claim on your will, e.g. a second spouse or children from a previous marriage,

• Your permanent home address is outside the UK,

• You own property overseas,

• You have a business.

You should consider updating your will if you:

• Change marital status,

• Move home,

• Have a child, or additional children,

• Inherit an estate from another party,

• Purchase or sell financial assets,

• Invest or devest in businesses or shares

You can make an official alteration (called a ‘codicil’) or make a new will.

When you write a will, be sure to find out what is possible. Knowing and understanding all the options available to you will help ensure you make informed decisions for yourself and your loved ones.

Will Executors are the people you name in your will to carry out your wishes after you pass away. They are responsible for sorting your affairs including arranging your funeral, notifying people of your passing, dealing with your financial affairs, including paying debts, and distributing your estate to your chosen beneficiaries.

The executor of your will may also be a beneficiary.

A trust is a sum of money, shares, property or personal possessions that form a legal entity, that is preserved for someone else. It is separate from the rest of the estate from which these assets were removed.

Setting up a trust is an irrevocable process. This means that the person cannot change their mind and reclaim their assets at a later date.

When setting up a trust, there are three parties involved:

• the ‘settlor’ - the person who puts assets into a trust

• the ‘trustee’ - the person who manages the trust (typically a professional such as a solicitor)

• the ‘beneficiary/ies’ - the person(s) who benefits from the trust

There are a number of trust types. Each one can be tailored to meet individual objectives.

• Bare trusts – these are the most common type of trust, used to hold assets on behalf of younger beneficiaries and pass assets on to them when they reach an appropriate age. In England, this is when they reach 18. In Scotland, the beneficiary can access the trust at 16 years of age.

• Interest in possession trusts – beneficiaries of an interest in possession trust receive all net income from the trust as it arises and they can also use trust assets – such as living in a property owned by the trust.

• Discretionary trusts – granted trustees have control over the assets and how to spend any income they generate, deciding how and when to give them to the beneficiaries. These types of trust are often set up by grandparents wishing to preserve their assets and pass them on to their grandchildren when they become of age.

• Accumulation trusts – trustees can accumulate income within the trust, and add it to the trust’s capital. They are also able to pay income out to beneficiaries, just like in a discretionary trust.

• Mixed trusts – a combination of more than one type of trust. These are bespoke and therefore can be adapted, suited to the needs of all parties involved. Each part of the trust is treated differently according to appropriate tax rules.

Having an understanding of the different types of trusts will help you to see how they can benefit you and your loved ones. Whether your focus is on inheritance tax, care fees or family asset protection, trusts can be a valuable tool.

Whilst it is technically possible to draw up the legal paperwork yourself, the risks of doing so are exceptionally high. Trusts can be liable to challenge and without having the legal knowledge of a professional involved, could be found invalid.

Trusts should therefore be set up by an experienced trust solicitor, they can ensure your wealth is suitably safeguarded for future generations and correctly tailor the trust to meet your needs and wishes in the most appropriate and financially attractive way possible.

Legal wording must be precise, especially regarding your trustees and it is vital you understand all aspects of your trust, as flaws and mistakes can be expensive to rectify.

There are a number of benefits to setting up a trust in your lifetime, rather than just writing a will.

Some of the most common reasons to choose a trust are:

• To control and protect family assets,

• when someone’s too young to handle their affairs

• when someone can’t handle their affairs because they’re incapacitated

• to pass on assets while you’re still alive

• to pass on assets when you die (a ‘will trust’)

After an initial consultation, where we will talk through your wishes and requirements, your trust solicitor will advise you on the type of trust that is best suited to your needs. They will then talk you through the various options available to you, discuss the pros and cons of the decision and help you decide on the nature and structure of your trust.

Whatever options you choose, the legal wording of the trust is crucial to ensuring it does what you have asked for it to do. Our experienced solicitors will skilfully draft your trust which will be legally compliant, stand the test of time, and deliver what you have asked for it to achieve.

The cost of setting up a trust depends on many factors including the complexity of advice required and the drafting that is needed. However despite their reputation as being reserved for the wealthiest people in society, they are not that expensive to set up.

We have a transparent approach to fees, and are able to offer advice and guidance on your specific situation, therefore please call us on 0161 480 2629 or email our team to ask any questions you may have.

Our Health and Welfare Representatives will act in your best interests to:

• monitor your mental capacity,

• provide quality of life support services,

• provide a monitoring service to ensure either the domiciliary care agencies or care homes are delivering a quality service,

• provide an early alert service to either family, medical professionals, the domiciliary care agencies, or care homes when your health or welfare may be at risk,

• educate professional service providers of your rights, wishes, and needs as well as their duties and responsibilities, when necessary,

• provide an advocacy service to challenge failing standards by all providers of your care

The Mental Capacity Act 2010 (MCA) sets out how decisions must be made and states that any decision made on behalf of someone who lacks the necessary mental capacity must be made in their best interests.

We follow these principles to assist you in maintaining a good quality of life and support you to make your own decisions for as long as possible, before you require an Attorney to make them on your behalf.

We give an individual all practicable help before anyone treats them as not being able to make their own decisions.

It is a criminal offence under the Act if a person is ill-treated or wilfully neglected when they lack capacity, so this responsibility is undertaken with the utmost duty of care and professionalism.

Accidents and distressing situations occur without notice – often not during a business day.

As part of our Health and Welfare Advocacy service, we keep In Case of Emergency (ICE) records. This key information is immediately available to all representatives of our firm, via secure cloud technology. This means you will always have access to a dedicated, direct contact available on call for assistance with your immediate situation, as well as creating further plans with your family or other professionals if needed.

Our monitoring service is here to support you whilst you have the mental capacity, and to empower you to live with the freedom to make decisions about your life and care.

You will receive dedicated assistance from a quality-of-life support worker, who will help you to execute your wishes on how you want to live.

It is important we understand your life choices and preferences to do this effectively. This can include:

• Your preferred style of address,

• What you want to achieve from your care and support,

• Your future goals and aspirations,

• Your lifestyle requirements & choices

• Historical and social information about your circumstances

• Statements and wishes for the future should you lose the capacity to express these yourself

• Advance treatment refusal decisions