PHARAOH LAW
For You and Your Family
Our Services
At Pharaoh Law, we can assist you in a wide variety of matters, including, but not limited to:
Administrative & Public Law
Disputes with Councils, Local Authorities,
including Police and Fire services
Consumer Law & Product Liability
Contentious Probate
Coroners Courts & Inquests
Debt recovery
Employment Law
including discrimination and dismissal
Settlement agreements - obtaining advice on contents
Making claims against employers in tribunals
HR support and advice
Redundancy
Family Law, Divorce and Separation
including name changes
Litigation and Disputes
including property disputes
boundary and neighbourhood disputes
Lasting Powers of Attorney
Mediation
Civil & Commercial
Workplace & Employment
Probate and Intestacy
Wills, Codicils and Estate Planning
The Benefits of Making A Will
Giving you control by ensuring you do not die intestate—this means that your assets pass to those you intended (and are not dictated by general intestacy rules) and that your estate is administered by people you choose (again, not dictated by intestacy rules)
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Ensuring you have appointed executors which makes it much easier and quicker to administer your estate.
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Ensuring that the people who matter most to you are looked after if you die—this is particularly important if you have young children or if someone vulnerable is dependent on you
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Helping you focus on and think about what your assets and liabilities may be if you die—this helps you put your affairs in order today and allows you to think about what assets and liabilities may arise on your death and who these pass to (eg life insurance or pension benefits may be payable on your death)
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Ensuring your estate and what you leave behind is maximised by using tax planning and tax reliefs appropriately, particularly in relation to inheritance tax (which is the main tax to consider when doing your estate planning)
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Ensuring (either through the Will itself or in a supplementary document) that some other very important matters are dealt with, specifically funeral wishes and appointing guardians if you have young children.
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Allowing you to make gifts to particular people or charities/organisations that are important to you
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Allowing you to the opportunity to discuss your estate planning with your family which will significantly reduce the prospect of disputes arising after your death
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If you need support writing or updating a will, get in touch with Pharaoh Law, who will be able to assist you with our range of Will writing services.
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Securing Benefits in Relation to Assets
Are your Benefits and Assets Secure?
Making a Will also means securing benefits which arise in relation to particular assets you may have, for example:
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Foreign property (eg if you have a home abroad, it will be important to establish how and to whom this will pass on your death and to ensure to the extent possible this is in accordance with your wishes and not local law)
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Business property (eg if you are a company or business owner, preparing a Will would allow you to consider and plan the succession to the business (so that it does not have to be sold following your death), as well maximise any possible tax reliefs for passing the business to the next generation)
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Farming or agricultural land (as above, if you own or manage farmland a Will would allow you to do succession planning and also maximise tax reliefs)
Inheritance Tax
Inheritance tax is essentially a tax charge on the value of your assets when you die.
There are a number of well-known reliefs and exemptions (such as the spouse exemption, where leaving your estate to your spouse means there is no inheritance tax payable).
The inheritance tax charge is usually paid out of your estate by your executors when they are administering it.
However, the application of inheritance tax rules is not straightforward.
A significant benefit of getting a professionally drafted Will is ensuring that you leave your estate in such a way so as to minimise any inheritance tax charges (or other tax charges).
Important Things To Consider When writing A Will
Writing Your Will
Once your Will has been signed, this will give you peace of mind that your estate will be dealt with according to your wishes.
It is a good idea to review your Will at least once every five years in order to ensure it still accurately reflects your wishes. For example, many things may change between the date of your Will and the date of your death from your personal and family circumstances to your asset base.
In particular, if you get married after you have made your Will (and the marriage was not contemplated at the time), this will automatically revoke your Will and you must ensure that you prepare a new Will. If you get divorced, it is also advisable to prepare a new Will to reflect your changed family circumstances.
It is also important to remember that inheritance tax rules can and do change. It may be advisable for you to involve the solicitor or professional Will writer who originally drafted your Will so that they can advise you on whether there have been any changes to the law which would result in a different inheritance tax outcome than the one anticipated when the Will was drafted. Once a Will has been drafted, it is not usually the obligation of the draftsperson to keep you up-to-date with any changes, which reiterates the need to seek professional advice when the time comes to review the Will.
We can offer Will storage at our offices in our secure safe. Please email for more information.
Important Things To Consider When writing A Will
Are You Prepared?
Are you prepared?
Who will stand in for you should you find yourself unwell and admitted to hospital? Are you prepared?
All of these anxieties can be quelled by getting your Lasting Powers of Attorney, or LPAS, in place. Here at Pharaoh Law, we can guide you through every step of the process and ensure that your wishes are respected and a plan is put in place should something happen to you.
We would always recommend that you prepare both types of Powers of Attorney if you can.
You don’t need a Solicitor to prepare a Lasting Power of Attorney for you but we would always recommend that you do.
Which Type of Power of Attorney Is Right For You?
Property and Financial Affairs
Lasting Power of Attorney is the Property and Financial Affairs Power.
This type of Power allows the person or people whom you appoint to be your Attorney(s) to continue to run any portfolio that you may hold; in particular to use an investment manager to mange your assets. (Without specific authority in the Power, your investment manager may refuse to continue to act). Your Attorney(s) will also be able to manage your bank accounts or other investments.
Health and Welfare Power
Power of Attorney is the Health and Welfare Power
This type of power allows your Attorney to obtain your medical records (subject to a specific wording in the Power); and to specify whether your Attorney(s) can make decisions in relation to life sustaining treatment. It can also provide your instructions to your Attorneys as to your wishes in relation to staying in your own home as long as possible, or indeed, if you need to enter residential care, your wishes with regard to where you would want to go.
Powers of Attorney Act Like An Insurance Plan
Powers of Attorney
Powers of Attorney act like an insurance policy – covering the situation where you may lose mental capacity and be unable to communicate your wishes effectively. Someone else has to ‘take up the reins’ of your life at that point. If the ‘insurance policy’ is not dealt with, a very expensive and lengthy application to the Court of Protection will be required. It is much better to sort out your affairs in advance, than to have to put the responsibility for an expensive court action on to your loved ones, in the event that you unexpectedly lose capacity. Anyone can lose capacity at any time, so this is a prudent step that can be taken by all of us.
We can also provide advice to your Attorneys (if required); as many people may not have previously acted as an Attorney, and may need some assistance when the time comes for them to play this important role
We will be glad to give you advice about Lasting Powers of Attorney or to prepare these for you.
What Happens If I Don't Make A Powers of Attorney Plan?
Why You Should Prepared
What happens if I don't make and lpa and something happens?
If an LPA has not been made or is no longer suitable, then the most appropriate representatives will need to apply for a Court of Protection Order, which will enable them to act on behalf of the person who has lost capacity.
These representatives are called Deputies. Like an LPA, the appointed Deputy can take on the responsibility of making decisions on your behalf when you are unable to do this yourself. However, unlike an LPA, where you as the donor can choose who will act as your Attorney, it is the Court who decides who will be appointed as your Deputy. There are two categories of Deputyship orders: Property & Financial Affairs; and Personal Welfare, but the Court will decide whether both are required. Deputies do not have the same flexibility to make decisions as Attorneys do and will not necessarily a member of your family.
The procedure to apply for an Order is costly and requires the involvement of an appropriate medical practitioner. The process is much longer than that of an LPA application and can take 6-10 months for an Order to be issued. Having to apply, pay for and attend court hearings to become a Deputy can quickly become expensive and stressful for your family. Having and LPA in place can avoid all of this hassle and protect you and your loved ones' wishes.