Trust & Integrity

Wills, Lasting Powers of Attorney & Estate Planning

Regrettably too many people do not make Wills. If you want to make sure that those you love and care for are properly provided for and protected you should make a Will. We can help take you through what is required, providing helpful guidance and advice. There is an increasing issue of management of the affairs of people who are unable to look after their own affairs due to mental or physical incapacity. We can advise you fully regarding the making of Lasting Powers of Attorney and also Living Wills (Advanced Medical Statements or Directives).

Unfortunately mental incapacity can occur at times when Powers of Attorney are not in place or where attorneys have acted improperly. We are very experienced in dealing with the Court of Protection.

We can also provide expert advice regarding estate planning, estate disputes and also regarding the obtaining of probate and the administration of estates.

Court of Protection

The alternative with which we can also assist is where a person has not made a Lasting Power of Attorney but has become mentally incapable. In these circumstances, an application needs to the made to the Office of the Public Guardian for the appointment of a deputy. This is a very involved procedure which can take several months to complete, but with sympathetic assistance we can guide you through this.

Michael McGarry is one of a small number of Court appointed deputies who is often appointed by the Court of Protection to act for those who do not have close family, or family do not wish to be involved or there has been issues of fraud regarding the management of their affairs.

Please telephone Michael McGarry.

Estate Disputes

Estate disputes come in many different forms. This can be from a dispute as to whether a Will is valid on the grounds of the person having made the Will lacked capacity or having suffered from undue influence. More usually however estate disputes often occur as a result of promises having been made before death and there being some reliance upon those promises, or where the person who has died has not made proper financial provision for a spouse, child or other person who has a right to make an application under the Inheritance (Provision for Family & Dependents) Act 1975, (as amended). We are better able to help because we understand the probate and administration processes and also the right of the parties who might have a right to challenge a Will, or intestacy (where there is no Will). We are well positioned to advise clients fully in this difficult area of the law.

Lasting Powers of Attorney

Lasting Powers of Attorney are as important as making a Will. For some they will be more important than making a Will, because these deal with who looks after your affairs and indeed you if you are unable to look after your own affairs due to mental or physical incapacity. The process of making Lasting Powers of Attorney is quite involved and requires serious, careful consideration. We have considerable experience in advising regarding Lasting Powers of Attorney and the management of affairs of people who have lost capacity or may lose capacity.

Probate & Administration of Estates

Our Solicitors who have been involved in such matters have between them more than 80 years experience in dealing with the administration of estates of deceased clients both from straight forward estates to the very complex multi-million pound estates, both with Wills and without Wills.

We can deal with all of the necessary arrangements from ascertaining the assets in the estate, completing the necessary inheritance tax forms, obtaining the Grant of Probate or Administration, completing the winding up of the estate including the preparation of estate accounts and the distribution of the estate to the beneficiaries.

Where there is no Will (which is called intestacy) the law dictates how the estate is to be distributed and to whom. We can advise you fully in respect of this.

We pride ourselves in being able to provide a fully complete service or a bespoke service. Michael McGarry is a registered Trust & Estate Practitioner with the Society of Trust & Estate Practitioners, the benchmark qualification of those involved in this area of the law.

Tax, Estate Planning & Care Home Fees

Tax planning is often an integral part of estate planning when making a Will. We do not advise the making of a Will with tunnel vision. We look at the broader picture and we have considerable experience in dealing with estate planning through Wills and trusts to ensure that the amount your estate pays to the tax man is kept to a minimum.

The issue of care home fees is of considerable interest at this time, the Governments of all complexions struggle to see a way forward. Unfortunately, it is a fact that those who have saved receive the worst possible deal when it comes to paying for care.

We give you practical sensible advice as to what can be done to minimise the effects of care costs upon your estate. The advice will always be careful and considered, taking into account your circumstances and we will not give you promises which seem to be too good to be true.

You must remember that if something seems too good to be true in all likelihood it is. If you are told that you can be sold a scheme to avoid paying care home fees at very considerable expense we would advise you to think twice, such schemes and arrangements may come back and bite.

Wills

We can assist you in preparing your affairs for the future. This is not pleasant to contemplate, but it is kindest and sensible to ensure that your affairs are in order.

Making a Will ensures that your assets pass to your loved ones or those who you would wish to inherit. In doings so we also look at the effects of inheritance tax upon your estate and what planning measures can be undertaken.

We are experts in advising in respect of the making of a Will or making changes to an existing Will so that this reflects your current circumstances.

Michael McGarry has 30 years experience in this area and in addition to being a qualified Solicitor he is also a qualified registered Trust & Estate Practitioner with the SOCIETY OF TRUST & ESTATE PRACTITIONERS who provide the benchmark in this area. He is also a member of SOLICITORS FOR THE ELDERLY and has significant experience in assessing mental capacity.

We are able to provide our services as executors of your Will should this be required in addition to providing an administration package for your appointed executors.

“I cannot speak highly enough to McGarry & Co. In very difficult circumstances for me Michael McGarry held my hand and provided care and attention dealing with the administration of my late sister’s estate but more than this he went beyond being a lawyer and I cannot begin to express my gratitude.”

SU, Rowlands Gill Read Testimonials

Contact us at a location most convenient to you:

Hawes

Market Place
Hawes, North Yorkshire
DL8 3QS

Barnard Castle

21 Galgate, Barnard Castle
Co. Durham DL12 8EQ

DX 61665 Barnard Castle

Sedbergh

54 Main Street
Sedbergh, Cumbria
LA10 5AB

Leyburn

7 Railway Street
Leyburn, North Yorkshire
DL8 5EH

DX 61332 Leyburn