Allowing your wealth to pass outright to a beneficiary, whether that person is a spouse, partner, a child or other relative, means that you lose control over how your estate is used. Outright gifts place the asset in the estate of the beneficiary and the value of the gift may be subjected to one of a number of threats:

1. Children or grandchildren without responsibility who may squander the money.
2. Second marriage that may dilute your estate down a new line of family you have no knowledge of.
3. A beneficiary that has poor financial management and may be exposed to bankruptcy.
4. The cost of providing nursing or residential care.
5. Influence from others who may not have been provided for in your Will.
6. Inheritance tax in the family generally.
7. There is a way to prevent or mitigate these threats.

The Trust

The type of trust is known as a discretionary trust and has the advantage of including all the people you may want to benefit but the final decision to distribute funds is taken by the trustees you have chosen. They are in the privileged position of being able to witness the circumstances of the beneficiaries that are not at the moment foreseeable.

Inheritance Tax

You can generally gift up to the value of the inheritance tax threshold (currently £325,000) into trust without inheritance tax arising. However it is important to look at not just your own immediate inheritance tax position. Thinking of the wealth of the beneficiaries is important to determine whether a trust is a good vehicle to pass your estate into. Using this will avoid your estate adding to another estate that may already be in the inheritance tax trap.

The Trustees

The Trustees are the people appointed to manage the investment and distribution of the Trust. It is very important that you appoint the right people to act for you. An independent Trustee (such as a Solicitor) may be appointed to ensure that that the Trust is managed in accordance with your wishes. NewLaw offers a professional Trustee service. (see our Professional Trustee Service Guide)

Letter of Wishes

This is your personalised letter that you leave addressed to the trustees containing your guidance about who you would like to benefit, by how much and when. They are not legally bound to follow the letter but it is influential and an important element to make it known why you have included a trust.

The family home and funding the trust

It is common just to fund the trust with the inheritance tax threshold of £325,000 particularly when planning Wills for spouses or civil partners. Alternatively it may be appropriate to leave all of your estate into a trust to protect the value from unforeseen events but this depends on your circumstances.

For many people the main value of their estate is represented by their home. It is therefore common practice to make use of a share (often a half share) in the home to fund the trust on the first death. Joint property ownership (see our Joint Ownership of Assets guide) can usually be easily managed to allow this arrangement. The trustees of your Will are given the option of owning a share of the property jointly with the survivor or they are given the power to transfer the share of the property subject to a debt in favour of the trust. There is therefore significant flexibility with this and a decision can be taken at the time of death.

Don’t let the taxman take your money, call us today

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Making a Will doesn’t have to be time consuming or complicated and nor should it be if you do not have a complex estate. The fact that you choose to recognise that you do have value in your estate, whether it be the house you live in, the jewellery you own or cash in the bank and savings, means you have acknowledged you should make a Will.

The effects of not making a will can be found in this guide (see our dying without a Will guide) but let’s concentrate on the positive reasons to take this straight forward step

• If you have children under 18 you can appoint guardians of your choice to look after them.
• You can alter the age at which your children will inherit. The age of 18 is often perceived as too young but it is what the law says if you have no Will.
• You make sure you leave the value in your estate to those that will depend on access.
• You can provide for your partner where you are not married, as the law doesn’t take them into account.
• You can avoid arguments about who benefits from which personal belongings.
• You avoid distant or unintended family members inheriting your estate.
• You can leave gifts to charity or leave specific sums of money to named beneficiaries.
• You avoid excessive legal fees in the event of a dispute.
• You can avoid legal provisions that create unintended trusts that will need to be administered and therefore create unwanted cost.

I own everything jointly so I do not need a Will

There is often a belief that the joint ownership of property (see our Joint Ownership of Assets guide) means that a Will is an unnecessary step as the jointly held property will pass automatically to the surviving owner. Subject to the type of ownership the property may well pass this way but this ignores the other reasons to make a Will as mentioned above.

Importantly the survivor must then have a Will to make sure the property ultimately passes to the right people. Without one the intestacy rules will apply (see our Dying without a Will guide) and your share of the property could pass to the wrong people.

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Every employer has a duty to look after the health and welfare of their employees whilst they are at work.

Unfortunately, even in the best run businesses, accidents happen which could have been avoided. If you have suffered an accident at work that was either your employer’s or a co-worker’s fault, you may be entitled to compensation.

Making a claim against your employer can be a worrying process – you may be concerned that you will lose your job. You don’t have to worry.

All employers are required by law to maintain insurance to cover them for accidents at work and it is against the law to treat an employee unfairly following an accident at work.

We will ensure that we establish a good working relationship with your employer and their insurers to ensure that your claim is dealt with as little fuss as possible.

Part of what we do, is to help get our clients back to full health as soon as possible following an accident. Nobody wants to be injured – and anything that can be done to aid and improve recovery, can only be for the best. That is why we arrange for all our clients to be immediately assessed and where appropriate, provide physiotherapy or other treatment to help get you back to full health. We will recover the cost of any treatment from the insurance company responsible for your claim, so there is no cost to you.

Accidents at work can result in a wide variety of injuries, which can be painful and distressing and whilst most will recover fully in time, only early medical assessment and treatment can provide the information needed to enable us to accurately value the compensation you are entitled to and arrange any treatment you might need.

Following an accident, we will arrange for you to see a specialist doctor to assess your injuries and provide a clear diagnosis and prognosis. No settlement of your claim should be made until the medical evidence is finalised – otherwise you could find yourself with continuing problems that you have not been properly compensated for.

When you have an accident at work it is not only compensation for your injuries that you are entitled to.

You can also claim any losses that you have suffered and any future losses that you might incur. These are called ‘Special Damages’.

We will ask you to keep a list of all of your out of pocket expenses and receipts or other proof of loss:

• Travel expenses
• Prescription costs
• Loss of earnings if you have time off work
• Any other out of pocket expenses.

The hardest thing to cope with after an accident is the loss of independence and the fact that sometimes, injuries take a long time to heal. The recovery process can be long and painful but we will do everything possible to speed the process up and make it as painless as possible.

Getting physiotherapy or other treatment quickly after an accident can have a huge impact on the speed of recovery – and even on the extent of recovery. Untreated injuries can sometimes turn into chronic, long lasting problems.

We arrange for all of our clients to be assessed as soon as possible after an accident, to establish what type of treatment would help recovery and we then arrange for - and arrange payment for – any treatment required. We can recover the cost of treatment, including operations undertaken privately, from the other party’s insurers, so there is no need for you to worry about expensive hospital bills.

Call our specialist work place injury lawyers today on 01224 848388

If you are one of the unlucky 20%, we are here to help. Our Motor Accident team handles thousands of car accident claims each year. Statistics show that most people injured in a car accident suffer at least a painful whiplash injury, leading to time off work and some discomfort. But for those who are the victims of more serious injuries, the effect on their lives can be devastating – particularly if you don’t get the right help and advice from the outset.

We will ensure that your claim is managed professionally and speedily, no matter how badly you are hurt.

The Serious Injuries team has some of the leading spine and brain injury lawyers in the country.

Our experienced lawyers have been instrumental in helping victims of serious injuries to lead full and active lives again following devastating accidents, thanks to their expert knowledge of the latest medical techniques as well as prosthetics and equipment necessary to live a full and independent life. One of our brain injury experts led the case that resulted in, at the time, the highest ever award for a brain injured child.

The Serious Injuries team contains dedicated Welfare Managers who work with all our clients to help them through the first traumatic months after an accident - ensuring that their care and financial needs are taken care of whenever possible, including accessing all state benefits that you would be entitled to.

Once your claim has settled, our Private Client team are on hand to provide guidance and support on managing that money including advice on tax implications, personal injury trusts and arranging help with financial planning.

Our areas of expertise include:

• Amputations
• Brain injury
• Child brain injury
• Fatal accidents
• Medical negligence
• Orthopaedic injuries
• Spinal cord injuries

Call us on 01224 848388

We specialise in motorbike accidents and have a specialist team dedicated to helping clients who have been injured in motorbike accidents.

We understand the intricacies of how bikes work, as well as the difficulties that motorcycle riders face on the road every day. This knowledge helps us represent our clients effectively, getting them the motorcycle accident compensation that they deserve.

We also know that the majority of motorbike accidents are not the biker's fault and that the injuries and damages suffered can be complicated - and sometimes devastating. We settle thousands of claims every year for motorcycle accident compensation, throughout England, Wales and Scotland. We know how to properly assess the extent of damages and we can help protect you from the other side's insurance company.

An estimated 80% of motorcycle accidents are not the fault of the motorcycle driver. More often, the fault lies with a car driver who failed to see a motorbike approaching. Motorbike accidents can also occur when a cyclist slips on a diesel spill or gets hit when filtering - or overtaking - traffic.

In all of these situations, if a biker is injured in an accident that was not their fault - or only partly their fault - then they are entitled to motorcycle accident compensation. This can cover ongoing medical costs, loss of income during recovery and damages to equipment, such as the motorcycle, protective clothing and the helmet.

Our services: not just motorbike accident compensation

We understand that immediately following a motorcycle accident, compensation isn't the only thing on your mind. Our motorcycle accident compensation solicitors are here to help you throughout the entire process, from the moment you come off your bike.

One of the most important things to do will be to arrange medical examinations, treatments and rehabilitation and at NewLaw, we will arrange all of this for you. The medical assessment will be a vital piece of evidence in your claim for motorcycle accident compensation and any expenses will be recovered.

During the motorcycle accident compensation process, you may be anxious to get your motorbike back on the road - especially if it's your only mode of transportation. We will help you get your bike on the road or arrange a hire replacement. We will also help you recover the cost of your damaged helmet, boots and other protective clothing.

To start the process of getting the motorbike accident compensation that you deserve, contact us today. We will take all the necessary details over the telephone, and advise you as to whether you have a good case.

If we decide to take on your claim for motorcycle accident compensation, we will arrange for you to get a medical assessment and we will contact the insurer of the responsible party to advise them of your claim. We will also get estimates for the damage done to your bike and replacement costs for safety equipment such as your helmet and clothing. The cost for all of these elements will be recovered in your final claim for motorcycle accident compensation.

After a motorbike accident, get the compensation you deserve

Call us today on 01224 848388 Legal services dedicated to getting the right compensation for motorcyclists

This is the minimum level of cover available in the UK. It covers your legal liability for motor accidents caused by you, including injuries to other people and damage to property. It does not provide any cover for damage to, or loss of your vehicle.

This covers damage to, or loss of your vehicle as a result of fire or theft and cover for your legal liability for motor accidents caused by you, including injuries to other people and damage to property. There is no cover for your vehicle in respect of accidental damage.

This is the widest form of cover. It covers you for accidental damage to your vehicle, loss of or damage to your vehicle as a result of fire or theft and your legal liability for motor accidents caused by you, including injuries to other people and damage to property.

Having a single policy in place (to which you can add or delete properties) makes it far easier for you as a landlord to manage. One renewal date, one set of documents and of course there are large savings to be made in the premium compared to individual policies.

The policy will pay for alternative accommodation / loss of rent in the event that the property becomes uninhabitable following a material damage claim for an insured event.