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MATRIMONIAL
An increasing number of marriages end in divorce or separation. It is also the case that many relationships break down where partners are not married.
Marion O'Donovan is the firm's
matrimonial expert together with Charles Asbury. Marion is a member of the important Law Society Family Law Panel and is an acknowledged expert in matrimonial and related work.
Sometimes family members may be experiencing violence or harassment which may make it essential to obtain an injunction order from the Court.
A family’s financial matters are of extreme importance on marriage break down and an appropriate division of money and property is essential. The question of pension rights will often be very important.
Marion can assist clients through what is a most traumatic period of their lives with a view to seeking as much financial stability and advantage as is possible.
Another area in which the firm can assist is in connection with adoption proceedings or the situation where a local authority may be involved in protecting children from possible harm.
The firm will provide expert and sympathetic attention to each case ensuring that practical advice is given on all occasions. We can discuss the availability of Legal Aid or make other arrangements for your legal costs to be met in a manageable way.
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WILLS, PROBATE & TRUSTS
Everyone should make a Will. The consequences of not doing so can be serious for those concerned. You should not assume that all your estate will automatically pass to a surviving spouse in the event that you die without having made a Will. If one dies intestate (that is without having made a Will) then rules of law apply to division of the deceased person’s estate. If you allow this to happen then your goods will pass in accordance with Parliament's ideas and not your own.
Many people consider that they do not need to make a Will until they are approaching retirement age but this is not so. Most people incur considerable obligation and responsibilities both financial and otherwise when they first set up home. Other people feel that making a Will is a final step but this is not the case. Wills can be altered and indeed should be kept under constant review to ensure that they not only continue to meet the clients continued needs and wishes, but also are not adversely affected by some future legislation.
We can advise on long term planning and tax matters both during life and after death which can very often result in considerable savings to the family.
Often people think that a standard Will form obtained from a local stationer is adequate when making a Will. However mistakes are so often made when these forms are completed so that the Will becomes invalid. Unfortunately this is usually only discovered after death. A very substantial proportion of home made Wills contain mistakes of one sort or another. Instructing a Solicitor to assist in the making of a Will is therefore sensible and cost effective.
We can advise on the appointment of Executors and Trustees and all aspects of preparation of Wills and indeed if requested the firm can act as Executors.
The service that we provide after death is based on an efficient and speedy administration of the estate of the deceased person. This includes ascertaining and valuing assets at the time of death, preparation of papers to lead to the Grant of Probate, obtaining the Grant, dealing with the assets, gathering the assets in as necessary or transferring them to the beneficiaries, and paying debts and legacies.
Also any tax queries that may have to be investigated and resolved before the estate can be distributed to the residuary beneficiaries are dealt with.
Probate work has a reputation of being a lengthy drawn out procedure but we aim so far as possible to expedite the matter in a fast and efficient way and to keep clients fully and regularly informed of the position as the matter proceeds.
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THE ELDERLY
There are more elderly people in the community than ever before requiring assistance in connection with pensions, residential care and how, if at all possible, to avoid the family home from being used to meet nursing home fees. Over future years this would be of even greater importance as more people retire earlier, and live longer.
We can advise on all such matters of concern.
The lawyers in this firm dealing with these matters are Ceri Rees and Charles Asbury.
We can advise and prepare Enduring Powers of Attorney and we can if required act as Attorneys if there is no member of the family available for this purpose.
It is essential in this area of the law to seek advice as soon as possible. There are numerous time limits applicable which may adversely affect an efficient and satisfactory arrangement of assets. Delay in seeking proper advice can make all the difference between retaining family assets and the peace of mind of the client, or losing these and the client and family suffering hardship.
We also deal on a regular basis with the Court of Protection where elderly clients have become unable to handle their own affairs. This can be a complex process which we aim to make more accessible to our clients.
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