Making A Will

By making a Will you can make sure that your money, property and assets will be distributed in the way you choose upon your death. Even if you believe that your property and assets are straightforward, you will still benefit from a professionally drafted Will. A Will also you to nominate people you trust to carry out your wishes and administer your estate.

If you do not have a Will, the law will determine how your assets will be distributed, regardless of what your wishes might have been. If you want to leave money or particular items to family, friends or charities, you can specify this in your Will. Our solicitors will ask you who you would like to benefit from your estate and offer you advice about what your Will should include.

If you are looking to write a new Will or to update an existing Will, please contact our Wills and Estates team for a discussion about how we can help you. If you are unable to visit our offices, we can arrange for one of our lawyers to visit you at home.

Lasting Powers of Attorney

At Fraser Dawbarns, our team can advise you on and help you to put Lasting Powers of Attorney in place so you can choose a person who can deal with your affairs in cases where you are not able to.

You may need to set up a Lasting Power of Attorney (LPA) because you will be out of the country and you need to have documents signed during that period. You may, alternatively, wish to have a Power of Attorney in place in preparation for a time when you are unable to make decisions about your affairs due to illness or loss of mental capacity.

There are a number of different types of Lasting Powers of Attorney which we can help you with.

Lasting Powers of Attorney Health and Welfare

A Lasting Power of Attorney Health and Welfare can allow you to appoint one or more people to make decisions about your health and care if you are unable to make those decisions yourself.

The types of decisions can include all those things we take for granted such as our diet and daily dress, through to bigger decisions like where we are to live and what type of care we might receive. In the most serious of cases your Attorneys, if you so choose, may have the power to decide whether or not to give or refuse consent to life-sustaining treatment on your behalf.

Lasting Powers of Attorney Property and Financial Affairs

A professionally drafted Lasting Powers of Attorney (LPA) can ensure the people or person you trust the most can manage your financial affairs for your benefit, should you lack the mental capacity to do so.

Your Attorneys can protect your assets when you are at your most vulnerable and make sure your best interests are taken care of. By taking the time to prepare a Lasting Power of Attorney you can tailor the provisions to suit your specific circumstances, giving your Attorney the authority, (subject to any restrictions you might wish to impose) to buy and sell property on your behalf, manage your pension and investments and make sure that your bills and liabilities are paid.

Commercial Lasting Powers of Attorney

You may consider creating an LPA that deals specifically with your business interest. Whether you are a partner of a business or the director of a limited company, your Commercial LPA will make sure your business continues to run smoothly if you are unexpectedly incapacitated.

A commercial LPA is different to a personal LPA. The people you appoint under a Personal Power of Attorney might not be the same as those you would appoint under a Commercial Power of Attorney. For instance, you may not think it suitable to appoint a relative or a friend, but rather someone who knows your business and has the requisite experience and expertise to make proper business decisions.

Probate

Sorting out the affairs of a family member or loved one after they have died is a daunting task at a very stressful time. Our Wills and Estates team can provide you with all the advice you need regarding administration of estates. If you have been appointed as an Executor under a Will or are taking on the role of Administrator on an intestacy (when the deceased did not leave a Will), you will be undertaking a task that brings with it a host of responsibilities and obligations.

We offer legal advice and a full range of services that will allow you to deal with every aspect of the administration of an estate, confident in the knowledge that you are fulfilling your obligations as a Personal Representative. Our Wills and Estates team will ensure that all your duties are discharged, and the estate is administered in a timely and stress-free manner. Even if the administration throws up unexpected obstacles, our Civil Litigation Department, will be on hand to guide you through any contentious proceedings

Planning for Care Home Fees

Because we are living longer, an important part of lifetime planning is to make sure you are prepared for later life care. Anyone who has over £23,250 of ‘assessable capital’ will be required to fund their own care, a cap low enough to cover anyone who owns property. The team at Fraser Dawbarns can advise on the different types of care available and how payment for this care may be funded.

It is far better to plan for your future care while you are healthy and have full capacity, and we can help you towards this through well drafted Wills, attorneys and lifetime gifts so that everything has been put in place before you need it. If you or a family member unexpectedly needs care, we can help you understand your legal position and the consequences of any decisions before you commit yourself to a decision. Contact the Wills and Estates team at Fraser Dawbarns for more information on any of these services. 

Tax and Trusts

Tax Planning

When leaving your assets to your loved ones, you will most likely want to make your estate as inheritance tax efficient as possible. Our Wills and Estates team can advise you on the various ways you can mitigate Inheritance and Capital Gains Tax liabilities, allowing you to make the best possible provision for your loved ones.

We can advise on a range of methods and strategies to help you make the most of your assets including, lifetime gifts, establishing a tax efficient trust, ensuring you have a properly drafted Will and taking advantage of the various reliefs that may be available on your death.

Taxation is a complex area and by seeking advice from the Wills and Estates team at Fraser Dawbarns, you can manage your finances in the most tax efficient way possible.

Trusts

Creating a Trust is a way to manage your assets and investments for either your benefit or for the benefit of others. There are many types of trust available and we can advise as to which is the most suitable for you. A trust can be established during your lifetime or in your Will.

The advantages of a Trust can be diverse and are not simply limited to saving tax. A well constructed trust can also hold assets for vulnerable beneficiaries or make provision for minors until they are of majority age. You can also use a Trust to provide a benefit for your spouse for their lifetime before passing that benefit to children or other beneficiaries and to preserve capital while generating an income for you or your chosen beneficiaries.

With STEP members on our Wills and Estates team, Fraser Dawbarns employs specialists with the skills and experience to help you create a Trust that best serves your interests. Get in touch with our Wills and Estates team to find our more information.

Court of Protection Services

When a person has been assessed as lacking mental capacity and does not have in place an appropriate Lasting Power of Attorney, the Court of Protection will often become involved. Most commonly, when we think of mental incapacity we think of debilitating conditions such as Alzheimer’s Disease or Dementia which often affects us as we get older. Capacity can, however, become impaired at any stage of life for instance, if you were to be involved in an accident or even injuries sustained at birth.

Fraser Dawbarns offers specialist advice and services relating to issues concerning an individual’s mental capacity and the associated proceedings at the Court of Protection. If you need sensitive and compassionate help or advice on any issue relating to the Court of Protection, contact our Wills and Estates team today.