Wills, Probate and Lifetime Planning

Our team at Swinburne Maddison offers advice on all aspects of wealth management.

Trusts

Trusts are a mechanism put in place to govern the administration of a particular asset(s) or cash. We are able to listen to your specific requirements and needs and provide advice and documentation tailored to fit with such objectives within the scope permitted by legislation. We are able to provide comprehensive advice regarding the roles of the trustees and the fiduciary duties imposed upon such persons to manage the trust property. Trusts are primarily of two types; those which are created during a client’s lifetime to possibly benefit members of the client’s family and also with a view to reducing a client’s potential Inheritance Tax liability that may arise upon their death or those created in the Will of a client and so becoming effective upon the client’s death. Our wealth management team is positioned to provide comprehensive advice on all options available.

Wills

A member of our team would be pleased to meet with you at our offices or at your home to discuss either the drafting of a new Will or an amendment to your existing Will. We will discuss with you in detail your circumstances and provide proactive advice to cover issues you may not have considered or thought were necessary. By continuously developing our knowledge of the law and maintaining close contact with other associated advisors within the financial sector we are able to provide a well-rounded, comprehensive service. Consideration will be given to your family, commitments and personal financial circumstances and the possible incidence of tax, in particular, capital gains tax and inheritance tax.

Probate

The probate process, which is the legal process of proving a will, appointing an executor, and settling an estate, can often be a distressing and an uncomfortable time. By adopting a personal and efficient service we aim to make what is often a stressful and complex process as simple as possible. After a death it is important that the deceased’s Estate is administered with sympathy as well as efficiency. It involves obtaining valuations of all of the assets of the Estate, agreeing the inheritance tax liability, applying for a Grant of Probate (or Letters of Administration in the event that there is no Will) and then, with the benefit of the Grant of Probate, gathering in the assets of the estate and distributing them in accordance with the Will (or the rules of Intestacy where there is no Will).

Nursing Home Care

We can provide comprehensive advice in relation to limiting your potential liability for nursing home fees, and can put mechanisms in place with the intention of protecting both yourself in respect of the services received and your estate for the benefit of your next of kin.

Lasting Powers of Attorney (and The Office of The Public Guardian)

It is possible to put in place documents and procedures designed to enable relatives, friends or professional advisors to administer the affairs of an elderly or infirm person during their lifetime who, for whatever reason, is unwilling or unable to manage their own affairs. By considering such issues in advance it is possible to determine and put in place mechanisms to ensure that someone can assist with the management of your financial affairs in a manner which is in your best interests. As well as assisting with the preparation of legal documentation, the wealth management team is here to guide you through the protection steps, including registration of the Power of Attorney with the Office of the Public Guardian.