Introduction

At Hillyer McKeown we have a dedicated team of solicitors who specialise in all aspects of Wills, Trusts and Probate work.

We offer a personal, professional and sympathetic service whether planning for the future with wills and trusts, dealing with the estate of a loved one or helping an elderly relative with their affairs or who may find that they require residential or nursing care. Most importantly we communicate in plain English

Our team appreciate that the array of choices can be confusing and we are there to help with the, sometimes complex and difficult choices which need to be made.

Age should not be considered a determining factor when planning for your future, typically, we advise many clients who are recently married, having their first or subsequent child or who may have set up in business. To ensure your future wishes are met it is never too soon to plan ahead

We are particularly committed to helping the more senior members of our community, their families and carers. This may be planning for the costs of future care home fees; preventing elderly abuse; wealth protection; creating and registering Enduring Powers of Attorney or Lasting Powers of Attorneys or simply making sure that their Will leaves the legacies they desire for their children, grandchildren of favourite charity.

Wills

A will ensures that you can determine what happens to your assets after you die.

If you die without a will then your assets are distributed under the intestacy rules and your estate may not go to who you would wish, this can be devastating if, for example, you are not married as your partner has no automatic entitlement to your estate even if you have been together for many years.

Our solicitors are able to prepare a bespoke will to meet your requirements, we can also prepare specialist wills, including, where there is very young, vulnerable or disabled family members who will require particular assistance in the future; those in second marriages with more than one family to consider; for civil partners; unmarried couples who own property jointly, and those who run a business which cannot be split or sold.

We recommend that your will is reviewed regularly, say every 3 years, to ensure that the Will reflects your financial and personal circumstances.

Trusts

A trust is a legal method of offering a way in which property and money can be held, or for managing money and property, for persons who may not be ready or able to manage it for themselves.

Trusts are often used in conjunction with wills (will trusts) as they can help ensure that your assets are passed on in accordance with your wishes after you die. A trust can be used to ensure that beneficiaries are not able to receive their entitlement until a time when they would be considered more mature or in greater need of the money and/or property held in the trust on their behalf.

Trusts can also be created and take effect during your lifetime (lifetime settlements)

We can advise in respect of all types of trust, including, specialist trusts to look after disabled family members, charitable trusts, and even secret trusts.

The creation of some trusts will also have the secondary advantage of tax advantages

Estate Administration

In most cases, except the smallest of estates, it will be necessary to obtain a Grant of Probate if a will was made or Grant of Letters of Administration if the person dies without a will (known as intestate)

It is the duty of the Executors to collect details of the deceased’s assets, complete the required forms for the Inland Revenue and pay inheritance tax, apply for the Grant and distribute the estate in accordance with the Will, or under the rules of intestacy. There is also the need to deal with any income tax payable during the administration and collect or pay any debts of the deceased. All this has to be done within particular time scales

If any mistakes are made then the Executor could be personally liable.

It is common for family members to be appointed as executors in a will or when an intestacy arises. Our solicitors can help at what is sure to be a difficult time.

Whether the estate is straightforward or complex incorporating foreign assets and cross-border issues we have the necessary expertise to deal with the matter on your behalf from start to finish

We are also experiences in mitigating the effects of tax post-death.

Enduring Powers of Attorney, Lasting Powers of Attorney and The Court of Protection

An Enduring Power of Attorney (EPA) made prior to the 31 September 2007 remains a valid appointment of an attorney and we can assist with the formal registration requirements which must be completed before the EPA can be used. We can also advise upon the duties of an attorney appointed under an EPA to ensure that they comply with their legal duties

From the 1 October 2007 the Mental Capacity Act introduced the Lasting Power of Attorney, there are two types :

• Property and Affairs
• Personal Welfare

We can advise you fully in respect of each of the different types but, briefly, the Property and Affairs Lasting Power of Attorney enables you to appoint one or more persons to act and make decisions on your behalf as your Attorney. The Attorneys are able to make important decisions on your behalf in connection with your property and financial affairs. This could include the sale of your home or simply payment of your household bills.

It is possible to restrict this power to leave guidance, to your Attorneys to assist them.

The Personal Welfare Power of Attorney enables our appointed Attorney to make decisions which relate to your personal care. This power will only become effective once you are no longer able to make the decisions yourself.

In the unfortunate event that no Power of Attorney has been made and a person looses their capacity due to illness or accident and is no longer capable of dealing with their affairs then it is possible to apply to the Court of Protection for a Deputy to be appointed.

The process of making an application for the appointment of a Deputy to act on behalf on a mentally incapacitated person can be expensive. Our experts can ensure that the process is dealt with as quickly and efficiently as possible

Older Client Services

Increasingly, older people are requiring Social Care, this can be help at home, Residential Care or in many cases Nursing Care.

We can help with the confusing amount of information which is available and help look at the options which are available to the family and carers of people entering the Care System this may be simply checking the contract with the care home to ensure that the contract is fair and meets the guidelines set out by the Office of Fair Trading to challenging decisions to pay for care where the persons needs are predominantly health needs rather than social needs.

We can give advice regarding the sale of assets, usually the family, home and the options which are available to reduce the risk, as far as possible, from exhaustion of the assets to pay for care fees and the alternatives to the sale of assets.

Deprivation of Liberty

Deprivation of Liberty has no fixed definition but as examples would include when staff at a care home or hospital make all the decisions in that persons life without giving any consideration to the wishes of the person concern; not allowing the person to leave the care home or hospital and even in some cases not allowing family and carers to visit the person To protect our most vulnerable members of society safeguards were introduced in April 2009 to protect those people who may lack the capacity to make decisions for themselves. These safeguards apply to anyone whether patients in hospitals or people in care homes irrespective of whether they were placed under public or private arrangements The intention of these safeguards is to make sure that people in hospital and care homes can be given the care they need in the least restrictive regimes, prevent arbitrary decisions that deprive vulnerable people of their liberty provide safeguards for vulnerable people, provide them with rights of challenge against unlawful detention and avoid unnecessary bureaucracy We can help such vulnerable people whether a friend or family member if you feel they are being treated unfairly and who is being stopped from doing the things they enjoy.