Legal

When a loved one is admitted to hospital and lacks mental capacity to make decisions for themselves, having a Health and Welfare Lasting Power of Attorney (LPA) in place can be vital. But even if you are named as their attorney, you may be unsure how and when to use that authority or how it interacts with the views of doctors or next of kin. ‘Being appointed under a Health and Welfare LPA gives you important legal authority, but many attorneys are unsure how far that power goes, especially in a medical setting,’ explains Susan Owens of Borneo Martell Turner Coulston. ‘If your views about treatment or discharge differ from medical staff or family members, it is essential to understand how to assert your role in a constructive and lawful way.’ What is your role under a Health and Welfare LPA? A Health and Welfare LPA allows the donor (the..

The Children Act 1989 changed the way the law deals with children and it has implications for couples divorcing. The term Parental Responsibility was created. Before 1991, the court would always consider who should have `custody`, and who should have `access` to, children. This would be a condition of the divorce going ahead After 1991, this changed as the court no longer makes orders or asks about arrangements for children. Instead, the law encourages parents to agree on what's best for children, but the progress of the divorce is not dependant on it. Now, the court will only become involved if it’s clear that making an order will be better for the child than not making one. Who Has Parental Responsibility? Parental responsibility is automatic under certain conditions: The mother always has it Both parents have it if they are married at the time of the child’s birth. In addition,..

The Office of National Statistics has recently released the latest numbers and trends in relation to the Divorce and Dissolution statistics in England and Wales, from 2023. The year prior, 2022, saw the reformed divorce regime come into effect, under the Divorce, Dissolution and Separation Act 2020. Gone are the days of hiring private investigators to catch those cheating spouses in the act, with the new law not requiring fault to be established or making spouses wait between two and five years to be able to even issue proceedings. The new regime simply requires confirmation that the marriage or civil partnership has irretrievably broken down. An added benefit of the new law is that an application can be made either on a joint or sole basis, so if your partner seems to be dragging their heels you can proceed to make an application for divorce, in the absence of their..

With the rising cost of living, it is understandable that many people look for ways to save money including drafting their own Wills. However, creating a Will without legal advice can end up costing you and your loved ones far more than the price of a professionally prepared one. 1. Ambiguous drafting can change your intentions Wills must be precisely drafted. Even a simple phrase can have unintended consequences. For example, stating “I leave my estate to my children equally” may unintentionally exclude stepchildren as the term ‘children’ only refers to biological or legally adopted children unless specified otherwise. 2. Potentially Exempt Transfers If your Will does not account for all your assets, any assets not accounted for will be distributed under the intestacy rules. For instance, if your Will says ‘I leave all my cash, cars, and jewellery to my daughter Anna’ but omits your house or investments, those..

If you have children and your relationship breaks down, then you may have concerns about how you can afford to provide for your children as a single parent, particularly if your ex-spouse or former partner was the main breadwinner. It is natural to want to minimise disruption for the children, but this may be difficult to finance without the cooperation of the other partner. Fortunately, the law provides you with a framework to secure financial provision for your children under Schedule 1 of the Children Act which focuses specifically on your child’s welfare. ‘If you have been unable to agree a financial settlement to provide for your children and there is a disparity in your respective wealth, your solicitor may suggest making a claim under Schedule 1 to help secure crucial financial support for your child’s upbringing, education, and future,’ says Connor Williams in the family team with Borneo Martell..

What you need to know before gifting your home... Most of us will have heard of gifting our home to our children as one of the ways of potentially reducing inheritance tax or perhaps even to ‘ring fence’ the asset for other reasons. But how? You’ll need to consider Gift with Reservation of Benefit. If you are a parent contemplating transferring property to your children in order to reduce the value of your estate and potentially lower inheritance tax (IHT) liability, it’s important to understand the concept of a gift with reservation of benefit. Many people seek to reduce the size of their estate during their lifetime to minimise the inheritance tax liability upon death. One way to do this is by gifting parts of the estate while still alive. However, it’s crucial to note that gifting does not automatically exempt the gift from inheritance tax. If you make a..

As an executor or administrator of an estate, your duty extends beyond merely distributing assets; it includes the responsibility to use all reasonable means to locate missing beneficiaries. If the missing beneficiary turned up after you had wrongly distributed their £50,000 inheritance, you could find yourself personally on the hook to the extent of their loss. ‘In order to fulfil your duties to administer the estate properly, it is imperative to exhaust every possible avenue to find a missing beneficiary,’ says Susan Owens, senior partner at Borneo Martell Turner Coulston. ‘We can guide you through this complex process, ensuring that all reasonable steps are taken and that you are protected from any potential legal repercussions.’ In this article, Susan Owens highlights some of the issues involved in an estate where a beneficiary cannot be located. While beneficiaries may go missing for a variety of reasons, common scenarios include lack of..

You may have heard about the BBC’s The Willpower Detectives or their recent news article about how an Attorney ‘cut off her grandfather from his family’ by using Lasting Powers of Attorney (LPA). Regrettably there are cases where LPAs have been used as a way of controlling people or to aid financial abuse. But what can be done? You can report the Attorney to the Office of the Public Guardian, as they have the powers to investigate the Attorney and to make applications to the Court of Protection to have them removed. If you are concerned about the person’s well-being or care, you can contact your local adult social services, and if the matter is critical, you can make an urgent safeguarding referral. If you believe someone has committed a crime, for example, fraudulently putting the Lasting Power of Attorney in place, misappropriating funds or abusing the vulnerable individual, you..

Most people will have seen or heard the phrase and it’s true that retirement is to be enjoyed, but younger generations are facing some real challenges, especially when it comes to things like getting on the housing ladder. That’s why Inheritance Tax: Gifting to Children and Grandchildren is such an important subject, whether it’s for purchasing homes, education costs or special occasions. How Much Can I Gift Without Paying Inheritance Tax (IHT)? Up to £3,000 in assets or cash per tax year, tax-free. Everyone has their own £3,000 limit called the annual allowance. If you did not make any gifts in the previous tax year, this rises to £6,000. You can also make as many gifts of up to £250 per person, if you haven’t used up your annual allowance on the same person. Additionally, you can gift up to £5,000 for weddings (£2,500 for a grandchild) without using up..

The recently published Terminally Ill Adults (End of Life) Bill, aims to permit people in England and Wales who have an incurable illness to be legally assisted by a doctor to die. Whichever side of the debate you support, the bill is a reminder that it is important to make your wishes clear if you have strong views about your end-of-life care. One option is to make a health and welfare lasting power of attorney (LPA) which gives trusted individuals the power to act in your best interests and communicate your preferences when you can no longer express them yourself. It is a myth that your loved ones will be able to make these important healthcare decisions. Without a health and welfare LPA in place, your family cannot legally make decisions about your healthcare. While they will likely be consulted, decisions may instead fall to healthcare professionals or could even..

Moving in with a loved one is an exciting time and the last thing on your mind is likely to be the seemingly unromantic notion of making a plan for what should happen to your finances, property and children while you live together or if you split up or die. ‘However, if you plan to stay together for the long term then it is worth discussing the potential benefits of a cohabitation agreement,’ says Connor Williams, in the family law team with Borneo Martell Turner Coulston ‘Cohabitees do not enjoy the same automatic legal rights as a married couple when a relationship breaks down, which can lead to financial uncertainty and the potential for a costly dispute.’ It is sensible for an unmarried couple to have a cohabitation agreement – which is a legally binding document if properly executed as a deed – in place when they move in together..

As an executor, you bear significant responsibility for administering the estate of the deceased person. A key challenge during this process is managing any variations in asset valuations that can occur between the date of death and the eventual distribution to beneficiaries. These fluctuations can arise due to changes in market conditions, the nature of the assets themselves, or simply the passage of time. ‘If not handled carefully, variations in valuations during the probate process can impact the entire distribution process, tax liabilities, and your duty to treat beneficiaries fairly and according to the law,’ says Susan Owens head of the wills and probate team with Borneo Martell Turner Coulston ‘Proactively managing asset valuations and seeking expert advice early on can significantly reduce the risk of a dispute and financial loss for beneficiaries.’ Susan Owens delves into the key challenges when managing asset valuations during probate. Timing issues: death, HMRC..

The period after the Christmas holidays often sees an increase in couples seeking divorce or separation. The pressures of the festive season can highlight existing tensions, leading couples to the difficult decision to separate. Family law professionals play an important role in supporting families during this difficult time. They can provide legal guidance, conflict resolution, and provide a means of information that will help to create options to consider for the future, and prioritising the welfare of all that are involved. One of the first steps in helping couples during divorce or separation is to provide clear and accessible legal advice. Wilson Browne offers an initial free call to assess the issues that present and to provide an early opportunity to assess the next steps. Obtaining this guidance early on helps couples make informed decisions and can reduce the stress and anxiety that separation naturally brings. Early legal advice can..

When you are going through a divorce, or dissolution of your civil partnership, a key concern will be to ensure that you will have financial security once it has all been decided. What each of you is likely to earn in the future will be a factor that is looked at for this purpose. This may be a particular area of focus for you, if one of you gave up your career to raise the family and supported the other to progress and flourish in theirs. ‘You may also wonder how a wish to retire early, or perhaps work less, might affect the way in which future earnings are considered,’ says Connor Williams in the family team with Borneo Martell Turner Coulston. ‘It is therefore a good idea to understand how this factor is taken into account, and what you may need to think about before starting the process.’ Is..

With New Year plans in progress, we spoke to Wilson Browne Solicitors about getting your affairs in order with a Will. Do I really need a Will? This is the most common question we get asked, especially from married couples as it is often assumed that everything will simply pass to the surviving spouse. However, if you do not have a Will in place, under the rules in England and Wales, you are deemed as passing intestate meaning it is then left to the intestacy rules to determine who benefits from your estate. Another aspect to note is that un-married partners and co-habitees are not recognised under the intestacy rules and so your partner would not benefit from anything in your estate. If you want control over who inherits from your estate and peace of mind knowing that your wishes will be respected after your death, then you need to..