
Careful Investment
At Alexander Harris, our aim is to safeguard our clients' personal and financial affairs. By setting the highest standards of expertise, we are able to provide a comprehensive and efficient service recognising the need for clients to organise their affairs in a professional and
flexible manner.
We offer advice to both existing health litigation clients and new clients who require only our private client services.
Compensation
Once an award of compensation has been made, whether it's a part payment during your case, known as an 'interim payment' or your final award, many people are unsure as to the best way to proceed with their finances and planning. Some find themselves with the prospect of losing or receiving reduced social security benefits and others with the need to set up a trust or make an effective tax planning Will. Monies need to be carefully invested and handled to maximise their value and preserve any social security benefits you are entitled to.
Our Expertise
The Private Client department is able to advise on the following areas:
- Wills
- Trusts - creation and administration
- Personal Injury Trusts
- Public Guardianship Office and Receivership
- Tax Planning
- Enduring Powers of Attorney
- Probate
Wills
It is a well known fact that over 60% of people do not have a Will. Yet this is one of the most important tasks you can undertake during your lifetime.
The advantages of making a Will are:
- To ensure assets pass to those you wish to benefit upon your death
- To undertake inheritance tax planning
- To protect family members and loved ones
- To preserve state means tested benefits, such as social security entitlement of intended beneficiaries
By putting in place simple inheritance tax planning measures within a Will, married or unmarried couples and individuals can minimise the tax burden upon their death.
Trust Advice
A trust is an arrangement whereby a group of up to four people (the 'trustees') hold assets in their joint names. They are not entitled to use those assets for their own purposes, but instead they must use them for the benefit of certain specified persons (the 'beneficiaries').
There are many different types of trusts that can be created. Some have tax benefits, whilst other trusts are used to protect the assets of vulnerable people or young children.
Trusts - Creation and Administration
Many trusts are created through a desire to undertake tax planning and we can provide full advice regarding this. However, there are other objectives for the creation of a trust, such as preserving assets for the benefit of vulnerable family members or minors or transferring a property into trust where the rights to occupy the property need to be protected. We can confirm whether a trust is necessary or appropriate in any situation, and if so prepare all the required documentation.
Once a trust has been set up, there are ongoing obligations upon trustees such as the preparation of accounts and tax returns, dealing with appointments out of the trust and also
changes to the trustees. We can deal with each of these issues, swiftly and efficiently, whilst ensuring that we do not overlap with any services other advisors to the family may supply.
Personal Injury Trusts
Whilst any client is grateful to receive much needed compensation after suffering a personal injury, they are often less pleased to discover that their entitlement to means tested benefits, such as income support will be affected.
By using a trust mechanism a client can continue to claim means tested benefits, whilst obtaining the access he or she needs to the proceeds of the compensation. We can advise and create the trust most appropriate to the client's needs. For many clients who have not previously dealt with trusts it can be a daunting process. We provide a comprehensive, client-friendly service from the beginning to end, ensuring that help and advice is in plain English.
Public Guardianship Office and Receivership
The Public Guardianship Office (PGO) is a body set up by the Courts to protect the finances of anyone who is incapable of managing their own affairs (the 'patient'). A 'receiver' is appointed to manage the affairs of the patient. The PGO then monitors how that receiver deals with the patient's finances, to ensure that they are acting properly.
The number of people whose affairs are monitored by the PGO has increased phenomenally over recent years. The rise in the level of compensation payments also means that more funds than ever before are being placed under the control of the PGO. As a result, the PGO has become less willing to appoint lay receivers if it believes they may not be able to cope with the burden placed upon them.
We can offer professional receivership services, or if a lay receiver has been appointed we can advise them regarding ongoing matters as required.
If the client made an Enduring Power of Attorney before becoming mentally incapacitated, we can guide the attorney through the pitfalls of applying for registration and advise them on their new responsibilities once this has been finalised.
We recognise that many clients who lack the mental capacity required to make a Will, nevertheless need a Will to be prepared. This can be either for tax planning reasons, or because the distribution of their estate that would arise under their existing Will or the intestacy rules is no longer appropriate. The application for a statutory Will to be approved by the PGO can be time consuming and tricky. We aim to prepare the application and all surrounding documentation in an efficient and effective manner, whilst dealing sensitively with the client.
Tax Planning
Despite various 'crackdowns' imposed by the Chancellor in recent Budgets, it is still possible to undertake inheritance tax and capital gains tax planning. We can advise upon all measures ranging from the very simple to the highly complex, which can save you capital gains tax during your lifetime or save your family inheritance tax upon your death.
Enduring Powers of Attorney
At a time when a family member has become mentally incapacitated, it can be distressing and time consuming to have to go through the procedure of applying to be appointed as that person's receiver.
By recognising this early and completing an Enduring Power of Attorney (EPA), clients can save time and expense at a later date. We can advise on the most appropriate method of
completing these documents including the execution of more than one EPA so that all future situations can be covered.
Probate
We deal with all aspects of estate administration, including:
- Applying for Grants of Representation
- Completing any inheritance tax forms
- Collecting and distributing the assets in the estate
- Preparing estate accounts
We recognise that there are some elements of the estate administration that the representatives or other advisors may wish to attend to and we aim to work flexibly so that we can deal with as much or as little of the administration as may be required.
