Private Client

"M&P Legal has a large private client and trust following, dealing contentious and non-contentious trust matters for trustees, beneficiaries and fiduciaries."
Legal 500 (2007 edition)

Enduring Powers of Attorney and Mental Health


In addition to a Will many clients sensibly choose to simplify matters for their loved ones in the event that they lose the ability to control their affairs and property.  This is a concern which increases with old age but equally it is sadly not impossible to be in a serious accident and suddenly be unable to manage.  In those circumstances it is highly desirable that the person concerned has put in place an Enduring Power of Attorney in advance.  An Enduring Power of Attorney allows a person to grant legal authority to another person (called the Attorney) so that the Attorney can look after their affairs.   This power continues after the person making the Power of Attorney becomes mentally incapable. When the attorney under an enduring power has reason to believe that the donor is or is becoming mentally incapable, then the attorney must, as soon as practicable, make an application to the Court giving notice to  certain relatives for the power to be registered.  M&P Legal are able to assist with this application following which the Attorneys can act on behalf of the incapacitated person. This process is easier and more convenient for the relatives concerned than to have to make a Court application under the provisions of the Mental Health Act for a mental health receivership or for specific order and that is why clients choose to obtain an Enduring Power of Attorney in advance.  M&P Legal are however able to offer this service as well where there is no Enduring Power of Attorney.  M&P Legal can also make application for the Court to make a Will on behalf of an incapacitated person.  Enquiries should be made to Vicki Unsworth.



Probate and Administration of Estates


Following the death of a loved one M&P Legal are able to offer a sympathetic and professional service to enable the assets of the deceased to be efficiently distributed.  As ever we tailor our service to your specific requirements and are able to do as little or as much of the administration as you wish us to.  Some clients prefer to leave the entire administration to us so that they do not have to think about it.  M&P Legal offer a very cost effective and fully inclusive administration service.  Alternatively both local and foreign clients sometimes just request us to obtain the Grant of Probate or Letters of Administration which give authority to the personal representatives to administer the estate and then leave that process to them.  We welcome enquiries from both Manx residents and overseas lawyers or individuals.  This service can normally be provided on a fixed fee basis.  Please enquire for further details by contacting Vicki Unsworth.



Trusts and Estate Planning


M&P Legal offer most wills on a fixed fee basis – see Wills details below. However, M&P are also able to draft more complicated testamentary arrangements and will trusts.  For example, two wealthy co-habitees who keep some separate property and some joint property may need a complex will to preserve the separate property for two different sets of beneficiaries.  This may include a will trust.  Other trust arrangements may require the establishment of discretionary or charitable trusts.  Any such situation needs proper considered thought and an ability to find the simplest yet most effective solution.  We can also assist individuals with their estate planning requirements.  Tax planning is important because although there is no inheritance tax in the Isle of Man there might still be exposure in other jurisdictions such as the UK.  Working together with tax planning advisers we are able to put in place the legal structure necessary to effect the chosen scheme.   M&P also give advice to the trustees of existing trusts and would also be able to assist with the administration of existing trusts or charities.  Enquiries should be made to Chris Brooks.



Wills


Making a will is something which many people put off.  Understandably, no one likes to think about death.  But when the inevitable happens their affairs may not be in order and it is not at all unusual for their property to pass to people who they would not wish to benefit.  Their closest family may then be disadvantaged.  This is particularly true where cohabitation is concerned and the untimely death of one of the partners may result in the other suddenly being rendered homeless or having to sell their home. It is therefore very important for those who have not made a will to do so and also for those who have not made a will within the last 5 years or who have recently had a change of circumstances to review their existing arrangements. For simple wills a fixed fee service is generally available.  Once we are informed of what is to be achieved we can assess the complexity of the drafting required.  This is highly popular as it enables the client to know in advance the cost of the work.  Please enquire for further details contacting Vicki Unsworth.

• Contacts:

• Christopher M Brooks, Associate .(JavaScript must be enabled to view this email address)
• Victoria Unsworth, Associate .(JavaScript must be enabled to view this email address)