There are a number of areas involved in managing your assets and wishes, each of which we can help you with:
- Transfers of property while living.
- Gifts of property after death by will.
- Managing assets due to incapacity, where a plan has been made in advance in an enduring power of attorney, or if not by wardship.
Many people are unaware of or confused by what happens after someone dies, whether or not they have made a will. Even if your assets are not significant you should still plan for the future. If you have children you should make decisions now to help family members if you die while your children are still young. We can advise you on how to plan for the worst, so that you can focus on hoping for the best.
We have vast experience in drafting wills for clients, from straightforward gifts to family members to complex provisions involving family businesses and trusts. We act for the executors of estates who implement the provisions in a will and distribute a deceased’s property. We have also act in court cases when necessary, whether they involve challenges to a will or applications for greater provision for family members.
A will provides what what happens after you are gone, but it is also important to plan for incapacity during your lifetime. We help clients prepare forthat by putting in place enduring powers of attorney to ensure that a trusted friend of family member can help with care decisions and finances if the need arises. We also act in wardship cases where no enduring power of attorney exists, including preparing and presenting petitions to the High Court, selling the property of a ward to realise funds for ongoing care needs and dealing with court proceedings in the name of a ward of court.
- Advising on succession and business planning, including large family businesses and farms, farm transfers and trust arrangements.
- Acting for executors in administering estates and taking or defending court proceedings.
- Acting for executors to pursue debts owed to estates.
- Acting for the beneficiary of a will against the solicitor who incorrectly drafted a will and the executor who failed to account for all the funds of the estate.
- Defending the estate of a company director against a claim for greater provision by an adult child.
- Successfully defending the will of a client in a significant challenge alleging undue influence and incapacity.
- Drafting and implementing enduring powers of attorney.
- Making wardship applications and acting for the commitees of wards of court, including property transactions and litigation arising out of wardship.