We offer a wide range of private client services, including advice on Wills, Probate and Trusts, Inheritance Tax planning, Powers of Attorney and Court of Protection. Our experienced team offers clear, practical advice combined with a personalised service that will help you navigate even the most sensitive of issues and ensure your matters are handled according to your wishes.
Areas of expertise
Wills
There are key life events such as buying a house, getting married, having children or getting divorced which prompt people to make or amend a Will. However, it is important at every stage of life to complete a Will to ensure that your affairs are in order, as no one can be certain as to what the future holds.
Whether you want to create a Will or review an existing one, Downie & Gadban will be able to assist you, making sure your Will is explained clearly with no legal jargon and your wishes are accurately reflected, ensuring your loved ones are protected after you have gone.
Inheritance Tax planning
When you come to see us regarding your Will, we will provide you with general advice regarding Inheritance Tax based on the details you have given us.
However, we can also provide you with more specific, detailed advice regarding Inheritance Tax in relation to lifetime gifts, Inheritance Tax exemptions and reliefs and how these could affect your family in the future.
CONTACT US
If you wish to discuss wills, probate, trust or powers of attorney with us, please call Simon Acworth on 01420 81276 or Alison Courtenay on 01420 81271. Alternatively, please fill in the form below.
Powers of Attorney
There are different types of Powers of Attorney which all have their own purposes. Here at Downie & Gadban, we can assist you with choosing the right documents for you and your family.
Lasting Powers of Attorney
Many people do not realise the importance of Lasting Powers of Attorney until it is too late. It is crucial to make sure that you have your Lasting Power of Attorney in place to ensure that, if you lose capacity or are unable to deal with your affairs, you have someone you trust appointed to act on your behalf. Without a Power of Attorney in place, there is nobody who will be able to deal with your financial affairs on your behalf, even if you are married – Power of Attorney is not automatically granted to your spouse or children.
Our expert team can draft new Lasting Powers of Attorney to reflect your instructions and preferences, which we will register with the Office of the Public Guardian on your behalf. We can also assist in preparing General Powers of Attorney and registering existing Powers of Attorney, including Lasting Powers of Attorney and Enduring Powers of Attorney, with the Office of the Public Guardian.
While it is no longer possible to create Enduring Powers of Attorney (EPA), as they have now been replaced by the new Lasting Powers of Attorney, if you made an EPA before October 2007, whether registered or unregistered, you can continue to use it so long as it is not restricted, and you (the donor – i.e., the person for whom the EPA was created) still have mental capacity.
EPAs can only be used for decisions relating to property and financial affairs, whereas the new Lasting Powers of Attorney give the option to provide for your wishes in relation to your health and welfare. These can be completed in addition to your existing EPA.
A General Power of Attorney, unlike Lasting Powers of Attorney and Enduring Powers of Attorney, can only be used whilst you have mental capacity. It is generally only used for a short period of time or specific purpose. For example, if you live abroad and need someone to deal with your affairs in the UK. A General Power of Attorney can also be helpful as an interim Power of Attorney while your Lasting Power of Attorney is being registered; for instance, if you were going into hospital for an operation.
Additionally, you can make an Advance Decision to cover your health and medical decisions, either alongside a Lasting Power of Attorney or as a specific document regarding any treatment you may need in the future.
Our team would be happy to discuss the different kinds of Powers of Attorney with you, and the benefits of each.
Probate
Losing someone close to you can be a difficult and emotional time. Here at Downie & Gadban, we can support you through this process, providing clear and practical advice and guidance to help minimise the stress of dealing with a loved one’s estate. Although probate is not always needed, we can advise and assist you through the steps of what is needed and help you with obtaining a Grant of Representation if necessary.
After someone dies, it is important that their liabilities are paid, and their assets distributed correctly in accordance with their Will or the rules of intestacy. We can advise and assist you through the steps required and on obtaining a Grant and completing the administration process.
Trusts
Trusts can be created during your lifetime and by your Will. They are a useful way to assist in tax planning and to preserve assets. Our experienced team can assist you with the drafting and administration of trusts.
Court of Protection
If someone has already lost mental capacity and is unable to make a Lasting Power of Attorney, it is necessary to make an application to the Court of Protection to apply to become that person’s Deputy. This will allow the Deputy to manage that person’s finances on their behalf and sell their property to pay for their care. It can be a long and expensive process at a time when help is most needed and can be very difficult and upsetting for families to deal with. Our team can help to make the process easier and will advise and assist you in making the appropriate application.
The above information is for general guidance only and is not intended to replace legal advice. Any costs listed are accurate at the time of writing.
