Private
Client
The term Private Client refers to those services that involve
will making and dealing with the Client's assets and all
matters that connected with that, such as tax planning and the
creation of Trusts. It also encompasses dealing with matters
such as the Court of Protection and receivership and also the
new and complex Lasting Powers of Attorney. Timothy
Kench & Co can provide specialist advice and
assistance in the following areas.
Wills
The personal and financial circumstances of many today have
become very complicated. Even for those where this is not
true, there are many matters to address when considering a
will. One area that we find is increasingly complex is where
there are "second families" and extreme care must be taken
when drafting wills to take account of not only the Client's wishes
but also the interests of beneficiaries. We welcome
instructions to prepare your will and will take you through some
carefully guided steps in order to try and meet your requirements.
It may very well be possible to arrange for a home visit to discuss
these matters if the Client wishes.
Inheritance Tax Planning
This has become for many a very onerous tax. With
careful planning much can be done to mitigate the tax bill.
We can discuss how appropriate such planning is for you. There are
several schemes that may be appropriate for the Client's individual
circumstances and these will be fully explored and discussed in
depth with the Client to ensure that the correct course of action
is taken. The Government has recently amended the Inheritance Tax
Rules relating to married couples, which may result in Wills
prepared some years ago having to be amended to take advantage of
the latest tax-planning schemes. It is very important for any Wills
that involve an element of tax-planning to be reviewed every few
years, especially in the present economic climate.
Lasting Powers of Attorney
It is possible to appoint in advance someone
to deal with your financial matters even when you are becoming
mentally incapable of handling your own affairs. We will be
happy to survey your choices and decide with you the best way
forward.
An extremely important change occurred on 1st
October 2007; the replacement of Enduring Powers of Attorney by
Lasting Powers. The new regime now in place involves a complex and
expensive procedure. Clients have to set-up a Property and Affairs
Lasting Power and / or a Personal Welfare Lasting Power. In this
latter case, a new concept is introduced whereby the Attorney will
be permited by the individual creating the Power to decide when and
if medication to sustain the life of the individual should be
continued. Lasting Powers require registration almost
immediately in order to be effective. There have been relatively
few Lasting Powers created so far, but it is inevitable that these
will become more common. It is vitally important to discuss the
creation of these Powers sooner rather than later and again, if the
Client prefers, a home visit can be arranged.
The Administration of Estates (commonly known as
Probate)
Dealing with someone's estate when they die
can be very demanding particularly for family and friends.
This whole area of work has become increasingly complex due to the
range of financial products often used by people and also the
nature of the inheritance tax regime. It is just so easy for
those not experienced to miss some important aspects in this
process. Recently there have been several reports in the press
of how delays in the Probate process can affect people and
their expectations. Clients will no doubt have read in the national
press over the last year, almost on a daily basis, the increasing
number of cases that come before the courts where Wills are
disputed by either family members or other disappointed
beneficiaries. It is often overlooked by Executors that, should
they decide to deal with the Probate and administration of an
estate themselves without seeking professional advice and
assistance, they can be held personally liable to various classes
of claimants should either the Will or the administration be
disputed in the courts. It is even more important therefore
these days to seek specialist professional assistance in these
matters. The whole procedure is fully explained in detail at
the outset of each matter and, as far as possible, a time
estimate is given so as to avoid disappointments. As required by
the Solicitors Regulatory Authority, we will always provide an
estimate of the probable costs involved when instructions are first
taken, and this is updated on a regular basis as the matter
proceeds. We will be pleased to work with you to seek to implement
the wishes of the person who has died.
Trusts
These structures are used in a variety of
different ways and we are happy to advise on either their setting
up, their implementation or their closure. This is a complex area
of law and our specialist Solicitor, Andrew, would be happy to
advise on each individual case. As before, a home visit can be
arranged if desired.
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