Help Guides

Here you’ll find some of our frequently requested help guides. We review and add to this list from time to time. If you are looking for information on a topic that isn’t covered here, please feel free to contact us.

Acting as a Deputy: Your Powers and Duties Explained – Property & Finance

If you are named as a Deputy in an Order from the Court of Protection, then you will be required to make decisions about the affairs of a friend or family member.

Acting as an Attorney: Your powers and duties explained

If you are named as an Attorney in a Lasting Power of Attorney, then you may be required to make decisions about the affairs of a friend or family member.

Advance Decisions and Advance Statements

Advance Decisions and Advance Statements, however, are ways in which you can specify your choices if certain medical situations arise later in your lifetime.

Appointing a Guardian for young children

Find out more about what is a Guardian and why you need to appoint one.

Appointing a Professional Attorney in your LPA(s)

Attorneys have to make very complex decisions about another person’s finances, or health and welfare.

Appointing Executors and Trustees

Executors and Trustees carry out important legal roles in relation to Wills and trusts.

Appointing Professional Executors and Trustees

There are a number of ways in which appointing a professional to administer your estate or trust can be helpful.

Arranging a Funeral Yourself

Arranging a funeral is to engage the services of a funeral director. They may be a member of an organisation such as the National Association of Funeral Directors.

Bank Account Fraud: what it is and how to avoid it

According to Financial Fraud Action, in 2017 there were over a million cases, that is one every 15 seconds and total losses of more than £755 million of bank account fraud here’s how to avoid it.

Deeds of Variation

Receiving an inheritance is often seen as a financial bonus, but there are times when you might feel it would be better for other people to receive it.

Deprivation of Assets: Local Authority care and support

Require means-tested residential care? Then under the current rules set out in the Care Act 2014, the Local Authority will assess your assets to see what, if any, your financial contribution to that care should be.

Digital Assets: What are they and what happens to them on death?

Digital assets can make up a significant part of a person’s estate, but they are often not fully understood. This help guide explains what digital assets are, and what happens to them after someone dies.

Discretionary Trusts

A discretionary trust is a flexible trust under which no beneficiary has an automatic right to receive assets.

Do Not Resuscitate (DNR) Decisions: Understanding your rights

Decisions over whether resuscitation should be attempted (DNR decisions) can be particularly overwhelming for patients and their loved ones.

DWP Claims on Estates: What are they and why have I received one?

When someone who received means-tested benefits dies, the Department for Work and Pensions (DWP) might ask for information about their estate.

EU Succession Regulation

If you have a connection with any of the EU member states listed at the end of this note, or expect to have one in future, the EU Succession Regulation may change what happens to your estate when you die.

Excluding Someone From Your Will: Can they still claim from your estate?

Under the IPFDA 1975, certain people are able to bring a claim in court against the estate of a person who has died.

Giving Assets Away

Many people consider passing on significant assets to their children or loved ones during their lifetime.

How do I become a Deputy?: What is a Deputy and how can they help elderly or vulnerable people?

You may have a friend or family member who lacks the mental capacity to look after their own affairs. If so, and you are managing these things for them, it may be necessary to apply to become a Deputy.

Jointly Owned Property

Under a Joint Tenancy, each owner has an indivisible share in the property, meaning that each owner is equally entitled to the whole of the property.

Lasting Powers of Attorney: Should I replace my Enduring Power of Attorney?

Powers of attorney allow you to appoint someone, or more than one person, (called your attorneys) to make decisions on your behalf.

Lasting Powers of Attorney: Special considerations for business owners

A Lasting Power of Attorney (LPA) lets you appoint someone to make decisions on your behalf.

Life Interest Trusts: Planning for care home fees – protecting your property and assets

We advise many clients when it comes to planning for the future. One recurring theme concerns care home costs, and how these might be
met.

Life Interest Trusts: Second and subsequent marriages – protecting property and assets for your children

One recurring theme concerns how best to protect children from
losing their inheritance, if a spouse or partner remarries, or enters
into a new relationship, after the first spouse or partner has died.

Looking after your Pets in your Will: What are the options?

You often hear stories of cats or dogs inheriting fortunes but, in England and Wales at least,
it is impossible to leave money to your pet.

Mental Capacity: What is it and how does it relate to you?

if someone close to you loses the mental capacity to make certain decisions, it can be a confusing and difficult situation to deal with. Their life, and their ability to plan for the future, could be seriously affected.

Missing Persons Guardianship: Looking after the property and financial affairs of a missing person

In some case a missing person remains missing understand when and how presumption of death is filed.

Personal Injury Trusts: What you need to know

There are many challenges to face if you have been seriously injured
in an accident. Besides working to get your life back on track,
difficulties can arise from taking legal action for compensation.

Powers of Attorney v Deputyship Orders: What’s the difference?

Powers of Attorney and Deputyship Orders both give people the legal authority to act and make decisions on behalf of someone who has lost mental capacity.

Powers of Attorney: Are Attorneys Entitled to See the Donor’s Will?

If you are named as an Attorney in a Lasting Power of Attorney, then you may be required to make decisions about the affairs of a friend or family member.

Presumption of Death: When and how is a missing person legally presumed dead?

The Presumption of Death Act 2013 provides a way for the relatives of a missing person to apply for a Declaration of Presumed Death. The main purpose of this is to allow the relatives to deal with the financial affairs of the missing person.

Reducing Your Inheritance Tax

Inheritance tax may not affect you personally after you are gone, but the more tax which your estate has to pay, the less value will pass to the people whom you wish to benefit.

Registering Enduring Powers of Attorney

This help guides examines when EPAs must be registered and how this can affect matters for you and your loved one.

Searching for a Will: How to find out whether your loved one made a valid Will

This help guide offers practical guidance for ascertaining whether a Will exists, and the steps you can take to find it if it does.

Setting up Home with your Partner

Though this is a time for celebration and enjoyment, we think it’s important to be aware of the legal implications of your move. Cohabitating couples have far fewer legal protections than spouses or civil partners.

Statutory Wills: What are they and when might you need to make one?

A Statutory Will is a Will made by the Court of Protection on behalf of someone who is unable to make one themselves because they lack the required mental capacity.

The Residence Nil Rate Band: What it is and how it could help you

You can reduce the amount of inheritance tax that is payable by making the most of various tax-saving provisions. One of these provisions is the Residence Nil Rate Band (RNRB).

The STEP Provisions in your Will

Your draft Will contains reference to the “Standard Provisions and all of the Special Provisions of the Society of Trust and Estate Practitioners (2nd Edition)”. These provisions are often referred to as the STEP Provisions.

Trust and Estate Registration: what needs to be registered and why?

This help guide looks at the obligations that trustees, and the personal representatives of certain estates, now face under the new registration service.

Trust and Tax Implications of Your Will

We explain how inheritance tax (inheritance tax) applies to an estate. It also details some of the more complicated trust and tax aspects of the provisions in your Will.

Trusts: A detailed guide

Trusts can be useful tools in a variety of situations. If you have explored different ways of providing for the future of your loved ones, you will have undoubtedly come across trusts

What happens after you’ve completed your IHT400 form?

This help guide gives an idea of the process which follows completion and submission of the IHT400 form.

Where am I domiciled for tax purposes?

Different countries have different systems for dealing with personal law matters such as wills, succession and marriages.

Witness Statements and being a Witness

This help guide provides you with some of the key information that you will need in order to give a Witness Statement and/or attend trial.