Private Client

William Sturges LLP’s Private Client team are experienced in advising UK and international individuals and their families on the preservation and protection of their wealth.

We have acted for many of our clients and their families for a number of generations, advising them on Wills, Lasting Powers of Attorney, estate and succession planning. Many of our solicitors act as trustees of family and charitable trusts, executors of estates and attorneys or deputies.

Hazel French

Hazel French

Partner
Private Client

“Our private client work combines deep legal expertise with genuine human understanding. While we navigate complex regulations around taxation, inheritance, investments, and trusts, our real skill lies in making these complexities accessible to our clients. We pride ourselves on finding practical, value-based solutions that protect our clients’ interests while ensuring full legal compliance.”

If you don’t have a Will your family could face uncertain or complicated circumstances when it comes to administering your estate. Having a valid Will gives peace of mind to you and those close to you, and will ensure that your wishes are carried out.

We can assist you with drafting a Will that accurately reflects your wishes and can advise on the use of trusts and implications regarding inheritance tax.

If you already have a Will in place, it is recommended that it ought to be reviewed every 3-5 years to check that it is up to date in the light of changing circumstances.

When someone dies without leaving a Will their estate is ‘intestate’ and a legal document called Letters of Administration may be required in order to deal with their estate. Administering an intestate estate can be a complex and time-consuming process, with a significant level of risk attached. It requires having details of all of the deceased’s assets, liabilities and a full family tree.

We can help advise on the rules of Intestacy which determine who is legally allowed to apply for the Letters of Administration. These rules place the deceased’s relatives in order of priority although it does not necessarily follow that the person at the top of the list is the one who should make the application.

Our private client team can advise you on managing and passing on your wealth in the most tax-efficient manner. Where appropriate, we often also work with existing financial advisors and accountants to ensure a collaborative approach so that clients have the best and most efficient estate plan possible.

If you require information or assistance on any aspect of tax planning please contact our private client team.

Our private client team can help to establish Trusts either through a Will to come into effect on death or during life, to help protect and control wealth. Clients have different reasons for needing trusts to be put in place; family problems, tax planning or disabled beneficiaries being common ones. There are various different types of Trusts which could be used depending on the client’s circumstances and that of the proposed beneficiaries and each trust is tailored to the specific circumstances.

Administering a trust successfully can be time-consuming and daunting and our team can help you with your duties as a trustee or help you look after your trust compliance correctly. Trusts are treated separately for tax purposes and some are additionally assessed independently for inheritance tax.

Trusts normally come to a natural end but a decision may be made to terminate a Trust by the trustees or the beneficiaries. It is essential that the trustees consult the Trust instrument and we can help advise on the provisions contained in the trust deed/s. The winding-up of a Trust can create significant tax liabilities and it is essential that professional advice is obtained to ensure that everyone is aware of their liabilities, and if they can be mitigated.

Powers of Attorney are important documents by which you give permission to others (attorneys) to handle your affairs and make decisions on your behalf if you are no longer able to do so due to either short or long-term incapacity. Careful consideration should be given to the range of powers you wish to give your attorney – we can help with the preparation of the relevant documents and registration at the Office of the Public Guardian.

Before 1st October 2007, a person with capacity could grant an Enduring Power of Attorney (EPA) authorising another person to act for them if they became incapable of managing their property and affairs. EPAs remain valid, whether or not they have been registered at the Court of Protection, provided that they were fully signed prior to 1 October 2007.

Enduring Powers of Attorney have been replaced by Lasting Powers of Attorney (LPA). There are two types of LPA: a Property and Finance LPA allows a person to appoint someone to look after their financial affairs and a Health and Welfare LPA, which gives an attorney the power to make decisions regarding medical treatment and care, including life-sustaining treatment.

When the time comes to administer a person’s estate and pass on their wealth according to the terms of their Will, our private client team can guide you through the probate process. The administration of the Estate of someone who has died is a complex area and no two cases are the same.

Broadly speaking, the administration of an Estate will often break down into four stages, some of which may overlap, and our private client team can help guide and advise on all or parts of the process:

  • Obtaining Probate – The process from the death of an individual up to the application for a Grant of Probate will involve establishing details of the assets in their Estate and obtaining valuations of those assets and, where appropriate, completing an Inheritance Tax return and paying any Inheritance Tax that may be due on the Estate before the application for the Grant of Probate may be made.
  • Gathering the assets – Registering the Grant of Probate once it has been issued by the Court with the various asset holders and cashing in the assets of the Estate and gathering them together; bank accounts, shareholdings and any property to be sold.
  • Tax and Administration – The Executors will need to pay the debts of the Estate and deal with various complex administrative matters, in particular liaising with HMRC in relation to tax affairs.
  • Winding up and distribution – Once all of the assets of the Estate have been gathered and the liabilities and tax affairs resolved then the Executors can wind up and distribute the Estate to the beneficiaries.  To do this they will need to prepare the Estate accounts showing the assets and how they have been dealt with, ready for distribution.

Our private client team can help you deal with the legal, tax, property and estate administration.

The Court of Protection exists to safeguard vulnerable people who lack the mental capacity to make decisions for themselves regarding their finances or health and welfare. It has the power to appoint a Deputy in certain circumstances. Any Deputyship order the court does make will set out the Deputy’s specific powers and there remains an ongoing duty for the Deputy to assess whether the person has the capacity to make each separate decision as it arises.

Our private client solicitors can help you if you need to make a deputyship application to the Court of Protection including its preparation, progression, issue at Court and ensure that the people who must legally be notified about the application are told in good time.

The powers of both Attorneys and Deputies with regard to gifts and tax planning for the estate of their donor or Patient are limited and any significant gifts out of the Patient’s estate can only be done with a court order from the Court of Protection. Applying for such an order is complex and we can advise you on the likelihood of success if you are considering such an application and of course deal with the application itself.

Tax residence can have a serious impact on how much tax you pay and how you stay compliant with the law. The laws surrounding tax residence in the UK and abroad are complicated and always changing and it’s important to get effective legal advice.

A number of our clients are resident or domiciled outside the UK, such as overseas individuals owning assets in the UK or UK-resident but non-domiciled individuals. These clients often require extensive tax planning advice in relation to income tax, capital gains tax and inheritance tax.

Working with accountants and other professional advisors we can help manage and plan your tax residence as efficiently as possible for your present situation and future goals.