Statutory Wills and Gifts

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1 Statutory Wills and Gifts INJURY & NEGLIGENCE SPECIALISTS

2 Injury & Negligence They have an impressive Court of Protection practice and wins praise for its well run and efficient team. Quote from Chambers (Independent Legal Guide)

3 WELCOME TO PANNONE PART OF SLATER & GORDON When choosing a law firm, what do you look for? Quality service? Great reputation? Specialist solicitors at the top of their profession? Or simply friendly and approachable people? We offer all of these things. We focus on providing the highest standard of service with a personal touch that makes the difference. Our clients describe us as honest, professional and committed and in the words of the Legal 500 independent legal guide, we are excellent in every way, and never falter in support and availability. Our lawyers are easy to talk to and will keep you fully updated with no legal jargon. This booklet explains making a Will or gift on behalf of someone with impaired mental capacity. For more information or to set up a free consultation, please contact us on freephone Emma Holt, National Manager of Specialist PI 03

4 Injury & Negligence MAKING A STATUTORY WILL Gillian Hitchen, Principal Lawyer in our Court of Protection Team, explains the process with making a Will for someone with impaired mental capacity. Wills and the Court of Protection Making a will is an important step for all of us, to ensure that our wishes are carried out after out death. Most people are aware that making a Will means being of sound mind, or else the Will could be challenged. However what do you do if the person whose Will you are concerned about has impaired mental capacity? The short answer is we can ask the Court of Protection to make a Will on behalf of the incapacitated person. This is called a Statutory Will. We can help. Whether the person concerned has lost capacity through illness, accident or learning disability, our team of dedicated solicitors has unrivalled expertise in this extremely specialist field.

5 Our team has unrivalled expertise in this extremely specialist field. Gillian Hitchen, Principal Lawyer Gillian Hitchen, Principal Lawyer We will support you through all stages of the process, advising you on all aspects including: The quantity and quality of evidence needed Tax consequences and how to minimize these How and when the Official Solicitor will be involved The best way of drawing up the Will when will a trust be needed, and when should they be avoided How to deal with challenges from other relatives/friends Whether there will be a court hearing, and if so, how to get the best result You will be able to draw on the extensive experience Wills for you We also specialise in advising the families and loved ones caring for someone who is disabled. The right Will can save a lot of anxiety and stress, and can also ensure that the disabled person does not lose their right to claim benefits, meaning that your gift can be targeted in the way that will improve their quality of life the most. 05

6 Injury & Negligence Case Study Brian Brian, aged 60, suffered a brain injury in a car accident 18 months ago, and has been left with memory and communication problems. His doctor agrees that these problems mean he could not make a Will for himself. Brian s partner Dawn is worried about his estate. They have been together for 10 years but have never got round to getting married, and Dawn does not think that Brian could cope with the stress of a wedding. They each have children from previous relationships, though Brian s children disapproved of his relationship from Dawn and they have not kept in touch.

7 I was delighted with the service I received. Client quoted for Chambers (Independent Legal Guide) Dawn is worried that if something happened to Brian, she would not be able to carry on living in the house, as this is in Brian s sole name. She has stood by Brian and continued to care for him after his accident and does not want to have to argue about money after he has died. Dawn speaks to one of our specialist solicitors and finds out that she can ask the Court to make a Will for Brian. The Will is drawn up to make sure that Dawn has a home for life, and also a share in Brian s money so that she does not have to struggle. When Dawn has died, Brian s children will share his house. 07

8 Injury & Negligence GIFTING AND THE COURT OF PROTECTION Lucy Nicol, Principal Lawyer in our Court of Protection Team, explains gifting and the Court of Protection We have helped many of our clients deal with applications to the Court of Protection to allow gifts to be made from the assets of a person who has a deputy or attorney acting for them. Attorneys and deputies have to act very carefully, and don t have the power to make gifts out of the monies that they are responsible for. The courts take breaches of these rules very seriously, and doing things in the wrong way could make you liable to pay the money back from your own pocket or to criminal penalties. We know that there are sometimes good reasons why a gift should be allowed and can help you to do this so that it is legal and above board.

9 A very knowledgeable team of solicitors. Quote from Chambers (Independent Legal Guide) Lucy Nicol, Principal Lawyer How we help We have had a great deal of success in getting permission from the Court to make gifts by deputies and attorneys, for example: in financial planning, for example to minimise Inheritance Tax to recognise a family members contribution to the care of a loved one to provide financial support for a family member in need We can help take the worry out of an application to the Court. We recognize that each family s circumstances are unique and we provide quality, bespoke advice that is tailored to your circumstances. Why not talk to us and see how we can help? 09

10 Injury & Negligence They are dedicated, reliable and compassionate. They have delivered an excellent service that has improved the quality of my grandson s life. Quote about Pannone part of Slater & Gordon, from Mr B. Farley

11 CONTACT US Highest quality advice (ranked in top tier by leading independent legal guides Chambers and Legal 500) Free no obligation consultation Experienced specialist solicitors and principal lawyers who are Leaders in their field National UK coverage and home visits For more information, or to discuss your case, please contact Gillian Hitchen Pannone part of Slater & Gordon have offices nationwide. To find your local office visit For further information, please go to:

12 For more information, on Statutory Wills and Gifts, please call or Slater & Gordon (UK) LLP is authorised and regulated by the Solicitors Regulation Authority.

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