Probate and Elder Law


In October 2005, in response to the increasing demand for services across a much wider spectrum of real life issues, Elliot Mather’s Wills and Probate Department became the Probate and Elder Law Department.

This re-launch reflected the ever increasing demand from all of our clients for holistic advice, not only in relation to traditional Will drafting and tax planning, but to the full range of related issues affecting the elderly and those planning for their retirement.

Elliot Mather’s Probate and Elder Law Department is not just for the elderly, or as we prefer to call them, our elder clients.  We specialise in advising clients of all ages on very real issues, the sort of issues that we must all face at some time in our lives in planning for our future and those of our loved ones.

We offer practical, cost effective, straightforward advice and solutions that cut through the haze of jargon common to many legal service providers in this field.

For further information contact:

Chesterfield (01246 231 288)
Fred Parkinson

The issues that affect our clients day to day and that we are excellent placed to assist in, include the following:

Wills

Whether you’re preparing your first Will, or re-writing one in the light of changes in your circumstances, we will bring clarity and simplicity to the process.  Many of our standard Wills are prepared at the first client meeting, giving clients instant peace of mind.  We also offer home or hospital visits if you are housebound or unwell.

We utilise the very latest developments in legal information technology in the preparation of Wills.  Our Will precedents are the recommended precedents for the UK’s leading Will, trust and tax experts and are regularly updated in light of significant changes in the law.

When complete, we are happy to store Wills and deeds without any annual charge, keeping your documents safe and secure until required.  You can also access any documents we store for you without charge.

Inheritance tax planning

In the last year alone we helped our clients take positive steps towards saving more than £2.2 million in inheritance tax, the most controversial of the government’s stealth taxes.  If you own your own home, you could very well be at risk of an inheritance tax charge.

We help clients who know their estate is at risk of incurring significant inheritance tax and want to prepare, as well as those who are attempting to claim back inheritance following the death of a loved one.

Civil Partnerships

Civil Partnerships do not afford quite the same rights as marriage does, but your entitlements will change.

We welcome instructions and enquiries from anyone contemplating entering into a civil partnership, and will advise on the implications for your property and financial affairs.

Living Wills (or Advance Directives)

We are committed to protecting the rights and dignity of the individual and are happy to advise you as to how your wishes can be communicated effectively to the medical community and your loved ones, should you lose the physical or mental capacity to communicate them directly.

Avoiding residential care home fees

We provide practical, workable and cost effective legal advice and support to families faced with the intervention of local authorities and social services in the issue of residential care.  We can clarify your entitlements and advise you on protecting your assets.

Preparing Enduring Powers of Attorney or Making Receivership Applications

The Public Guardianship Office offers financial protection for those unable to manage their own financial affairs because of mental incapacity.  Their figures suggest that the majority of Enduring Powers of Attorney prepared by non-solicitors are abused to the detriment of the elder person concerned.

We can help ensure you choose an attorney to suit your needs and act in your best interests.

Administering estates, applying for probate and advising executors

The administration of estates is far more complicated than it was until recently, when Her Majesty’s Customs & Revenue (the old Inland Revenue) hijacked the application process so as to use it to gather database intelligence on all of the financial assets of UK citizens.  With our help you can negotiate this process without unreasonable distress, delay and expense.

We also help executors, often trying to carry out their duties at a very emotional time, to work clearly and objectively in everything they need to do, right from the point of applying for probate.

Trusts and trust administration

The Trustee Act imposes strict obligations on trustees to manage trust funds with reference to regular financial advice and evaluation.  Her Majesty’s Customs & Revenue take a keen interest in the activities of trustees and will not hesitate to hold them personally liable for any infraction or lapse in obligation.

We offer clear, practical, thorough advice to clients who want to avoid inadvertently breaching any laws.

Advising the elderly on day to day issues

We are justly proud of a distinguished national client base and are able to offer all of our clients direct access to the very best legal and financial support services, including senior London barristers, respected specialist accountants and independent financial advisers, all of whom help us to provide you with an unrivalled service.

Our fees are clearly defined – there are no nasty surprises or hidden charges for you and all of our legal work is carried out to the highest standards, as recommended by the Law Society, the professional body to which our probate team belongs.

Recent News

New parent ? Why you need a will - 1 May 2008

Your Will - Your Choice - 22 February 2008

Thinking of leaving a legacy? - 01 October 2007

Imprecise Will Survives Scrutiny - 10 July 2007

Make an enquiry. Talk to someone now, call 01246 231288 or drop us a line.