Inheritance & the rights of older people

Probate and inheritance work is rooted in property and probate law, much of it of great antiquity and complexity, but now overlaid by statute, most obviously the Inheritance Act 1975.

Changes in the pattern of wealth in recent years mean that planning for inheritance, and dealing with its consequences after death, now matters to many families. Tax has always been important for the future well-being of family farms and family businesses. Today, however, the estates of many people who were in conventional employment are also at risk of substantial IHT liability. Sadly, families all too often fall out over the estates of deceased family members.

At the same time, the importance of protecting the rights of older people, whether living in the community or in residential settings, has also been increasingly recognised. This is true of both personal and economic rights: is our relative being properly looked after in their residential home? Is the attorney mishandling their assets?

The existence of a separate Group, structured to reflect those wider needs, reflects Fenners' response to these changes. The Group is concerned with the rights of older people or others suffering disability during their lifetimes, with helping them plan the future provision they wish to make for their family and friends, and with helping their families resolve problems that may subsequently arise in connection with probate and inheritance.

Our areas of work:

The rights of the elderly

Care at home or in residential settings, and the safeguarding of rights

Powers of Attorney, mental capacity and the Court of Protection

The sharing of property and homes by the elderly with others

Protecting assets

The drafting of tax efficient wills and accumulation and maintenance trusts

Inheritance and tax planning for family companies and estates

Nationality, residence and domicile in relation to overseas assets

Dealing with property after death

Grants of probate and letters of administration

Construction of wills and due execution

Testamentary intention and capacity

Undue influence

Revocation of wills

Intestacy

IHT and related tax issues

Inheritance Act claims