Separation and the legal rights of grandparents to see grandchildren

Jane Porter Living

What are the legal rights of grandparents regarding their grandchildren?

Lester Aldridge Solicitors Life Matters for Lymington.com readers - March 2019

Nowadays grandparents are playing an ever increasing role in their grandchildren’s lives. But what legal rights do grandparents have to see their grandchildren, particularly if mum and dad decide lester aldridge - separation and the rights of grandparents: Life Matters to separate?

Free consultation with a Lester Aldridge family lawyer

The latest in the Lester Aldridge Life Matters series, this article written by Rosemary Sharp, Partner with Lester Aldridge, offers some comfort and advice to an increasing number of grandparents who only want to do the best for their grandchildren at a distressing time for all concerned. Do read the article then get in touch as below if we've struck a chord - Lester Aldridge offer a free initial consultation with a member of their highly qualified, dedicated family law team.

Grandparents often get caught in the cross fire – what can you do if this happens to you

Grandparents can often get caught in the cross fires during a separation and find themselves side-lined or prevented from seeing their grandchildren. What can you do if you find yourself in this situation?

Aim for impartiality and normality – and mediation or counselling

It is important, as grandparents, to remain impartial during a parents’ separation and try to provide a degree of normality and a safe haven for grandchildren during difficult times. Mediation or family counselling can often be a good first port of call to try and resolve these issues. It is often worthwhile seeking legal advice at an early stage to discuss possible approaches and outcomes so that you can attend mediation and/or counselling with a good idea of what to expect and what to seek from the parent(s).

However, if either one or both parents are unwilling to engage or you are unable to make progress in mediation or counselling you can apply to the Family court for assistance.

The Family court and child arrangements orders

A child arrangements order can set out the arrangements for a) where the child will live and b) with whom the child will spend time and how often. Child arrangements orders have replaced what was previously known as residence and contact orders. The Family court has to be satisfied that it is in the children’s best interest to make a child arrangements order before it will do so.

Grandparents can apply, even when grandchild’s parents still together

Although most grandparent / parent disputes arise when the parents’ relationship has broken down, it is possible for a grandparent to apply for a child arrangements order when their grandchild’s parents are still in a relationship but for some reason their time with the grandchildren has been curtailed or unilaterally stopped.

However, grandparents do not have an automatic right to apply to the Family court for a child arrangements order. You have to apply to the Family court for permission to make the application. It is acknowledged by the Family court that grandparents play an important role in children’s lives and they therefore tend to look upon such applications for permission favourably. However, you will need to demonstrate your relationship with the child, what time you are seeking to see the child and that your application would not be potentially harmful to the child’s well-being.

Once you have obtained permission from the court you can proceed with your application for a child arrangements order. The court will consider the facts of each individual case and consider the child’s welfare as paramount when deciding what arrangements to make, if any, in relation to the child.

More than one child arrangements order can be made in relation to a child. If there is already a child arrangements order in place setting out where the child lives and when they spend time with their parents, there can also be another child arrangements order in place setting the time the child spends with their grandparents.

Although court proceedings are never a favourable way of resolving issues about a child, it is important grandparents are aware of the legal options available to them. Grandparents should seek legal advice at an early stage to ensure they are in the best position possible to maintain and, if necessary, apply to the Family court to restore their relationship with their grandchildren.

More about grandparents' rights on the Lester Aldridge website

The Lester Aldridge family law team - guiding and helping you in difficult times

The most important thing to say is that whatever your individual circumstances, the Lester Aldridge team of family solicitors Jane Porter, Joanne Clark and Rosemary Sharp can help you through this difficult time.

The breakdown of any relationship is of course often stressful and emotionally charged. Whilst every situation is different, reducing hostility and conflict is essential. The Lester Aldridge approach aims always to minimise unnecessary disputes and to get you the best outcome possible.

The Lester Aldridge family divorce solicitors are members of Resolution, the professional body that encourages a non-confrontational approach to resolving family disputes. The aim is to be fair but firm, but when necessary a robust approach will of course be adopted to deal with difficult and opposing points of view.

Expert advice and exceptional client support

lester aldridge family law partner Rosemary Sharp Lester Aldridge’s clients trust the team to provide high quality family law advice and exceptional client support in the most challenging of circumstances.

Pictured here is Rosemary Sharp, member of the family law team and author of this article.

The broad knowledge of the team also provides the ability to think about wider issues for you and your family such as pensions, tax and family businesses - and to direct you to the very best people to help you. Get in touch for a free initial consultation:

Click here for more information about the Family Law team at Lester Aldridge

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Health and Social Care - Life Matters for Lymington from Lester Aldridge

Jane Porter Living

Crisis in health and social care - but help at hand

Free consultation with community care team at Lester Aldridge

This month’s Life Matters from Lester Aldridge Solicitors focuses on the health and social care crisis which has been a subject of debate and media headlines for quite some time.

Lester Aldridge’s new Community Care team is helping people who need guidance through the maze of confusing and sometimes conflicting guidance available about health and social care.

As reported by James from the Community Care team...

“Recent research by Age UK reports that since the 2017 Spring Budget, an average of 77 people a day have died whilst waiting for a care package to be put in place, whilst during the same period more than half a million older people have had their requests for care refused or ignored, and a million more have developed an unmet need, such as being unable to wash, dress, or prepare meals.

The Care Act 2014: Care Cap Proposal

The Care Act 2014 introduced a new assessment process and eligibility criteria, and clarified a Local Authority’s statutory responsibilities with regard to adult social care provision.

Within the Act, a “care cap” was also proposed. The idea was to impose a cap on lifetime social care charges to limit care costs to £72,000 for the over 65s and younger adults with disabilities.

However, the Government then delayed the implementation of the “care cap” until at least 2020 because Local Authorities reported that they lacked the resources to meet demand.

Green Paper on a sustainable social care system now overdue

Meanwhile in November 2017, Damian Green MP made an announcement that the Government recognised the need to build a “more sustainable social care system to meet the needs of elderly people”.

A Green Paper was commissioned to investigate potential solutions and was to be published in the summer of 2018.

This Green Paper has however still not been published and is now due during 2019.

Statutory right to an assessment of need

Whilst all this is going on, what many people do not know is that regardless of means, all adults have a statutory right to an assessment of need.

The needs assessment must identify and document all of an individual’s care and support needs in specified categories, and must then determine eligibility for support.

An assessment must be completed whenever it appears that an adult may have a need for care and support – regardless of means.

Requests for an assessment cannot be refused or ignored on the basis of a lack of resources because this may breach a Local Authority’s statutory obligations.”

(More on the Lester Aldridge website at https://www.lesteraldridge.com/health-social-care-crisis)

Need advice through the confusion?

"Community Care" is the term used to describe the services provided by Local Authorities and NHS Bodies to meet the education, health and social care needs of children and adults who are living with an illness, injury or disability.

The term Community Care law describes the legal framework which governs the provision of education, health and social care services.

The specialist Community Care team at Lester Aldridge can provide you with advice and assistance in relation to all aspects of Community Care including how to get an assessment of needs from your Local Authority for yourself or someone you know.

(For more details see https://www.lesteraldridge.com/individuals/community-care/)

For a free initial consultation with one of the Community Care specialist team at Lester Aldridge, please contact Paula Barnes by telephone on 02380 827484, or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

Paula, Tim and James will be delighted to help you!

Life Matters for Lymington with Lester Aldridge, February 2019

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Disputed Wills - Life Matters for Lymington from Lester Aldridge

Jane Porter Living

Will your beneficiaries inherit more than you bargained for?

The importance of a will which reflects your precise wishes!

A good will should reflect your wishes, be valid and ensure that your estate is distributed in the way that you want. In England and Wales, you can leave your lester aldridge solicitors happy outcomes 800 estate to whomever you like e.g. relatives, charities and pets.

Wills can also include unusual last requests or funeral instructions.

Your beneficiaries may however inherit more than you bargained for!

However, this freedom can come at a price, as some wills can cause family disputes or cause claims to be made against an estate. In fact we have friends to whom this has happened, in some instances causing unbelievable harm and hurt which could have been avoided if everything had been properly set up from the outset.

Life Matters for Lymington with Lester Aldridge

This month’s Life Matters from Lester Aldridge Solicitors comes from Victoria Jones, Partner in the Lester Aldridge disputed tax, trust and wills team.

"Wills are not always private

It can be tempting to use a will to make derisory comments or to seek ‘revenge’.

For example Samuel Bratt’s will left a £330,000 legacy to his wife, who apparently never let him smoke. So, he added the catch that his wife had smoke five cigars a day in order to receive her legacy.

However, including these types of clauses can cause claims and incur unnecessary costs to an estate.

Also remember that wills can become public documents, which can then be accessed by anyone for a small fee. So it is important to think carefully about whether or not you want to make any private family disputes more public. For example the will of Anthony Scott which stated: "To my first wife Sue, whom I always promised to mention in my will. Hello Sue!”

Unusual wishes in wills

Quirky wishes in wills can also be problematic, as not everyone may be either willing or able to accommodate unconventional requests at what is already a difficult time.

When Fredric Baur (founder of the famous Pringles crisps brand) died in 2008, he left instructions with his family to bury part of his ashes in a Pringles can. They duly obliged, but not every family may be as understanding.

It is also important to think about the practicalities involved in fulfilling unusual wishes. For example, one of Napoleon Bonaparte’s last requests was that his hair be made into bracelets and shared amongst his family and friends.

Claims arising from wills

Another issue is when a will fails to make sufficient financial provision for certain people. For example, the will of Sarah Clarke stated that she had left £1 to her daughter “for the kindness and love she has never shown me.” That may have reflected Ms Clarke’s feelings, but this type of clause can result in claims being issued against estates.

Under the Inheritance (Provision for Family & Dependants) Act 1975 certain relatives and financial dependants are able to bring claims for ‘reasonable financial provision’ against an estate. So, if you leave certain relatives or financial dependants either little or nothing in your will, they may later be awarded a share of your estate anyway.

What if I want to exclude someone in my will?

If you are considering excluding a close relative or financial dependant from your will it is important to obtain specialist legal advice about this at the time when the will is made.

You cannot prevent a claim from being made, but there are steps that you take to document and explain your wishes and also to try to minimise the risk of a claim occurring.

In summary, in addition to passing on assets and family heirlooms, it is vital to consider what other unexpected ‘legacies’ your will may leave behind.

What if I am dealing with a claim involving an estate?

If you are the executor of beneficiary of an estate where a claim has been made or you are considering making a claim against an estate, our Disputed Wills Team offer a free initial 30 minute telephone consultation to discuss your options."

First step in all situations: free consultation

Lester Aldridge Solicitors are based in London and Bournemouth where the office covering the New Forest is situated conveniently close to the main Bournemouth train station. Their specialist teams in the various fields of law will be happy to advise and assist you, starting with a completely free initial consultation during which you can decide whether you feel able to trust them with your confidential information.

Disputed Wills, Trusts and Probate

Take advantage of a free initial 30 minute telephone consultation with Victoria Jones, Partner, regarding any of the following:

Claims for financial provision to be made from an estate
Challenges to the validity of a will
Disputes about legacies
Challenges to lifetime gifts
Problems in the interpretation of wills and trust documents
Disputes between executors or trustees and beneficiaries
Problems with estate administrations, including challenging costs and recovering debts
Cases in connection with the Mental Capacity Act 2005, including applications to the Court of Protection for statutory wills and the appointment and conduct of deputies and attorneys.

For more information please see https://www.lesteraldridge.com/individuals/disputed-wills-trusts-probate/

Call Victoria on 01202 786152

Life Matters for Lymington with Lester Aldridge, January 2019

Turning New Year resolutions to reality - Natural Health Hub

Jane Porter Living

New Year New You – Ten top tips for turning resolutions to reality

Monthly column for Lymington.com by Sue Leach, owner of the Natural Health Hub Lymington

Lots of people will have decided that 2018 is a year to put well and truly behind them. Plus, right now you may be feeling remorse after too much indulgence over Christmas! Time to take the leap to 2019 with some well thought through resolutions

New Year is a time for new purpose!

For a variety of reasons you may be thinking about New Year resolutions to improve your life, set goals or achieve an aspiration.

Here are 10 steps we’d like to share, for turning those resolutions into reality.

First big tip, the biggest: set time aside to plan

And remember, small steps for big lifestyle changes

Set aside time, a decent amount of time.

Make a cuppa, grab a pen and pad… and plan. New Year resolutions are no good if they are simply a wishlist like lose weight, have a better work/life balance, drink less, eat better.

It’s crucial to put thought, emotion and planning into your objectives. Jumble your ideas down, revise and reshape them, then write down specific goals (we suggest three) and, in detail, exactly how you are going to execute them. It is crucial that you have your goals written down with your masterplan on how to achieve them, in a form and a place that you can refer to them. No one’s saying you will keep to them to the letter, but you stand so much more chance of achieving them if you’ve planned in detail and you find you’ve slipped back one step on the way to the top of your ladder! (Or put another way if you’ve lost just one part of the jigsaw that makes up the big picture of your masterplan.)

To decide on your priorities ask yourself:

How important is this goal to you? Give yourself a score out of 10 and if it’s below 5, then this probably isn’t a top resolution for you.
How convinced are you that you will achieve it? Again a score out of 10, and if it’s below 5, then be honest with yourself – you ain’t going to achieve it.
Why are you doing it?
What will the consequences be of achieving it?
How will you know you’ve been successful?
How will you celebrate your success?

planning your new year resolutions for 2019 Set yourself a time by which you want to achieve your resolution. Then plan, plan, plan.

Small steps for big lifestyle changes...break a goal down into small steps. If you want to lose 10kg then set targets on the way, week by week, month by month. If your goal is to lose weight and you’ve got a 5km run to enable that, don’t set out to run three times a week straight off. Start with a few lunchtime walks, plus one walk or run a week, and build from there.

Start slowly – changes in lifestyle often begin slowly, with small actions that eventually become healthy habits. There was never a winner who wasn’t a beginner. The road to success will be paved with mini-achievements, but make these steps SMART: Specific, Measurable, Achievable, Realistic, Timely.

List tasks to do, actions you can take, resources you can call upon to strengthen your resolve to achieve your goal, and/or make the mini-steps on the way happen. Then prioritise which of these you will do when.

Tip Two - give yourself a reason

Set goals that make you want to jump out of bed of a morning! It can help to find a reason to really motivate you. Research shows that people wanting to lose weight who have tried every diet known to man manage it when they attach an emotional motivation to it: such as…

I want to be a good role model for my children

I want to inspire my friends and family

I want to make a difference to those who are struggling

I want to have the energy and health to play with my children and grandchildren and see them grow up

I want to look after myself in the best way I can

Tip Three - use the power of three

Set no more than three goals at a time. Research shows the human brain can only really focus on three things at once. There’s a symmetry about three: morning, afternoon and night: faith, hope and charity: gold, silver, bronze: Goldilocks and the Three Bears. Powerful speakers always talk in threesomes… like Winston Churchill: ‘Never give up, never ever give up, don’t ever give up’.

Advertising trades on the fact that the human brain assimilates three choices or threesomes best: like the Kellogg’s slogan for Rice Krispies: Snap, Crackle and Pop, which has been run and run since the 1930s.

A triangle is the most stable shape in geometry, which is why bridges and buildings that must carry a lot of weight have structural elements based on triangles.

So use the power of three to your advantage in achieving your goals.

Tip Four - Commit!

Timetable your steps, and make those dates a commitment – a weekly class that is sacrosanct, a weekend away that is booked, an arrangement with the family that everyone knows they have to keep to.

Telling a friend or friends always helps make the goal real – the more you say it out loud the more real it will become, and the more people you tell the more you’ll have supporters around you who can encourage you and help you celebrate the mini-achievements on the way. Better still, see if you can rope in a friend into booking an event or doing a regular class with you. It’s always good to have a partner in crime and it is human nature not to want to let anyone down!

Tip Five - Foresee your obstacles

What may hold you back from achieving your New Year resolutions? What blocks or obstacles could stand in your way? Be honest, we all self-sabotage – but being aware of the blockers, barriers and obstacles that you inflict on yourself will help you break them down.

So… how might you overcome these blocks?

Tip Six - Say no

You’ve set your goals. So now decision making is easy: just say no to anything that doesn’t help you achieve that goal, that doesn’t serve your purpose. Take a leaf out of the book of career high-flyers, who operate single mindedly, just doing what they set out to each day and not frittering their energy on the rest. That means you go out to the exercise class you’ve timetabled rather than hoovering or clearing the washing. The cleaning and washing will get done all the more quickly if you’re geed up after you’ve done something you want.

Tip Seven - Get rid of the energy vampires

Spend your time around people who support you and love you without judgment and question. Stay away from the vampires who suck the life-blood out of you, make demands on you or manipulate you into doing things you’d prefer not to. They weaken your foundation and make you lose energy and commitment. Don’t let anyone keep you from being who you want to be!

Tip Eight - Make affirmations - aloud

Another way you can definitely help yourself is by making affirmations. Research shows that people who make positive affirmations not only have more self-belief, they are also more likely to achieve their objectives. Over the years we tend to get into unhelpful patterns of thinking, and think negatively about ourselves and situations, generally due to our experiences. Using positive self-statements can help us develop a new attitude to ourselves and our situations.
Choose a statement, beginning with I and in the present tense, and repeat, repeat, repeat throughout the day, every day, of every week, of every month. Anything from ‘I am determined and successful’ to ‘I am a unique and special person’ to ‘I have strength’. It may help to write your positive affirmation on a card and carry it around with you. We like the book Ordering from the Cosmic Kitchen which enables you to make fully fledged affirmations specific to you and what you want from life.

Tip Nine - clear mess, clear mess, clear mess

Eyes forward, you want to achieve your goals. So it’s crucial to clear mess. Do it today, again tomorrow, and again the next day and the next. Just as energy vampires suck your confidence, mess saps your energy. We all spend time, emotions and energy dealing with mess. That may be stacks of paper on your dining table, clothes that don’t fit or serve any more, cupboards too full of stuff, the scissors that are always upstairs when you most often need them downstairs, the paperwork that is not properly filed so you take ages finding it when you need it next. This includes mental clutter too: when is your MOT due? Which day of the month does the credit card bill need to be paid? Does your phone properly sync to your other devices to save you time looking things up? New Year is a good opportunity to streamline life and clear messes. (This may become a goal in its own right!)

Tip Ten - Look for help

No one is expecting you to achieve your New Year resolutions exactly as you envisaged – don’t put that pressure on yourself! But if you have set yourself goals you believe in passionately, with reasons behind them that really make you want to achieve them, and you’ve planned your path to success, then you’ll have invested the energy into your resolutions that will make a few setbacks merely small irksome pebbles on a well-trodden path.

Recruiting specific help can be really helpful too! This may be in the form of motivational blogs or books, or people who can help you.

It is always easier to achieve your goals if you have someone, be it a coach or mentor or friend, on your side to keep you motivated and on target.

And here’s where we can come in too if you’d like!

The Natural Health Hub is my brainchild which I opened in 2017 to provide a central Lymington drop-in centre of excellence in complementary therapies. It's a place where high-calibre practitioners now gather together and collaborate to provide support and therapies, classes and courses in everything from yoga to mindfulness and lots more. It’s a haven of tranquility for everyone to come for advice and holistic healing – physical, emotional or spiritual.

Upcoming classes and courses at the Natural Health Hub which can help you to make and keep your resolutions include the following (click the links for the details):

Mindfulness

Get your New Year mojo!

De-stress and get your life in balance

Yoga retreat with goal setting for 2019

Call us on 01590 670955 or just come along in person and find out more: we’re off Lymington High Street between Halifax and Dogs Trust, follow the intriguing narrow passageway until it ends in a lovely courtyard and look for the welcoming white building on the right at the far end.

Sue Leach, Owner, The Natural Health Hub

PS It’s also important to start a success log to chart your progress towards your goals. Have you done something in alignment with your goal today/this week? Pat yourself on the back, timetable treats at regular intervals. Write down a victory daily.

And never ever forget how much you achieve each day, every single day!

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Abusive Relationships - Life Matters for Lymington from Lester Aldridge

Jane Porter Living

Abusive relationships are everywhere

Even in Lymington and the New Forest they lurk - but help is at hand

In the aftermath of Christmas and for the next in our series of "Life Matters" articles, the Family Law team from Lester Aldridge raises the raw subject of abusive relationships and offers some constructive advice for anybody who is suffering from this invidious crime. lester aldridge Life Matters logo

Life Matters for Lymington with Lester Aldridge

Spare a thought for the women and men suffering in silence at Christmas and all year round.

As most people over the Christmas holiday enjoy the opportunity to treat their loved ones with gifts and kindness, others are not enjoying what should be a special time of year and instead are suffering in silence.

Abusive relationships are in our midst, even here in Lymington and the New Forest.

How do abusive relationship even happen?

Many abusive relationships begin with love, affection and compliments which can then deteriorate into suspiciousness and insecurity, often leading to mistreatment and disrespect, controlling behaviour and at the extreme, physical violence. But controlling behaviour even without violence can be insidious and you may well have spotted instances of it.

If you suspect you know someone in this situation do encourage them at least to read this article, the latest in the “Life Matters” series from Lester Aldridge Solicitors.

Christmas can be a trigger

There are many factors at this time of year which can affect relationships, such as high expectations, stress and financial pressure. These can all lead to a relationship becoming abusive.

The most recent Crime Survey for England and Wales (released November 2018) showed little change in the prevalence of domestic abuse in recent years. In the year ending March 2018, there were 2 million sufferers of domestic abuse and women were more likely to be the target with 1.3 million female and 695,000 male victims. (It's interesting to note how many victims are in fact men.)

Police recorded almost 600,000 domestic abuse related crimes in the year ending March 2018 which was an increase of 23% from the previous year. This rise may, in part, be explained by police forces improving their identification and recording of domestic abuse incidents and an increased willingness by victims to come forward. But we know that this issue is not going away.

What constitutes domestic abuse?

Domestic abuse includes any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse. This can be physical, emotional, or sexual.

Physical abuse is an intentional act causing injury or trauma to another person by way of bodily contact such as hitting, pulling hair or kicking.

Sexual abuse can happen to anyone, man or woman. It's never right to be forced into any type of sexual experience that you don't want, whether you are in a relationship with that person or not.

Emotional abuse can be difficult to recognise but can be just as damaging and upsetting to a person as physical or sexual abuse.

Sometimes people mistake jealousy and possessiveness as signs of love. It may even seem flattering at first. Controlling behaviour, economic abuse such as withholding money, emotional blackmail, criticism and intimidation and threats are all harmful forms of emotional abuse.

It’s how the person feels that counts

Whether behaviour is classed as abusive will depend upon how it makes the person feel. If your partner’s behaviour makes you feel small, controlled or as if you’re unable to talk about what’s wrong, it’s abusive. If you feel like your partner is stopping you from being able to express yourself, it’s abusive. If you feel you have to change your actions to accommodate your partner’s behaviour, it’s abusive.

Take the first step - recognise the situation

The first step in getting out of an abusive relationship is to recognise the abuse and realise that you have the right to be treated with respect and not be physically or emotionally harmed by another person.

A solicitor specially trained in the subject is the first port of call

If you think you may be experiencing domestic violence or you are at all concerned for your safety, or the safety of your children, family solicitors can take fast and effective legal steps that can protect you. The first step is to seek advice so that your solicitor can provide you with the guidance suitable to your situation.

If you think you know somebody who is in this situation do refer them to this article and its advice.

Free consultation with a specialist family solicitor from Lester Aldridge

Lester Aldridge Solicitors are based in London and Bournemouth; the office covering the New Forest is situated conveniently close to the main Bournemouth train station.

Their specially trained team of family solicitors all based in Bournemouth have deep experience in these matters and will be happy to advise and assist you, starting with a completely free initial consultation during which you can decide whether you feel able to trust them with your confidential information.

This web page includes information about and contact details for the three Family Law Partners with Lester Aldridge Jane Porter, Joanne Clarke and Rosemary Sharp (also pictured here). You are welcome to call or email any of them in the first instance.

A totally free, confidential and no commitment initial consultation is then offered. This can take place at the welcoming Lester Aldridge office or by phone, as you prefer. At this stage you are invited to discuss the specifics of your situation, and then take things from there if appropriate.

Other sources of help and advice

As well as legal support, you should confide in someone, such as a member of your family or a friend or health provider and get help from a counsellor or therapist. Let them support you and help you end the relationship and stay safe. If you have been physically harmed, get medical attention or call the police.

You can contact the following for further help and support:

National Domestic Violence Helpline on 0808 2000 247
The Men’s Advice Line on 0808 801 0327
Relate at www.relate.org.uk

Life Matters for Lymington with Lester Aldridge, December 2018

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Cash for Christmas? Life Matters for Lymington from Lester Aldridge

Jane Porter Living

Cash for Christmas?

Cash is a much appreciated gift which can also benefit your tax planning!

In the build up to Christmas and for the next in our series of "Life Matters" articles, Paula Shea from Lester Aldridge proposes how giving cash as Paula from Lester Aldridge proposes cash for Christmas Christmas Presents could be a sensible tax planning option as well as a much appreciated gift which also saves on shopping time - especially if you're not feeling up to joining in the fray this year. Beautifully wrapped cash can even look very special too!

Life Matters for Lymington, with Paula from Lester Aldridge

"Following on from last month’s article I wanted to offer some thoughts in relation to further planning.

The year has almost disappeared and before long, Christmas will be upon us. Commerciality has overtaken the true meaning of Christmas and we are under more pressure than ever to come up with imaginative gifts for family members.

One simple solution to the conundrum of what to buy is to consider giving cash. There aren’t many recipients who won’t appreciate it!

As well as saving hours of shopping time you may also save your estate and ultimately your intended beneficiaries some Inheritance Tax.

There are a number of Inheritance Tax exemptions available including:

Lifetime gifts of up to £250

Lifetime gifts of up to £250 to any one individual during a tax year are exempt from Inheritance Tax. The exemption is only available if the gift (or gifts) to that individual does not exceed £250 in total.

Lifetime gifts of any amount

Lifetime gifts of any amount are exempt if they form part of the individual’s normal expenditure out of (after tax) income, provided that the donor is left with sufficient income to maintain his usual standard of living. A regular pattern of giving is required, for example meeting annual school fees for a grandchild or paying the premiums on a life policy for another's benefit. The first gift in a series can qualify, provided further gifts are intended.

If the donor dies before making the second gift, there must be sufficient evidence that he intended to make a series of gifts

Lifetime gifts (which do not fall into any other exemption) are exempt up to £3,000 a year. If the annual exemption is (wholly or partly) unused for a particular tax year, the unused portion may be carried forward for one tax year only.

(I know this can all start to sound complicated - I can explain what it means if you contact me for a confidential discussion as below!)

Gifts to charities

Christmas can also be a time of reflection and an opportunity to think about those who are less fortunate than ourselves. Outright gifts to UK, EU and Norwegian, Icelandic and Liechtenstein charities are exempt from Inheritance Tax.

By undertaking this simple planning, and avoiding the stresses of Christmas shopping, you will also reduce the burden of Inheritance Tax on your estate going forward.

Rather a win win all round I'd say!"

Paula Shea with Life Matters

Free consultation with Paula

Paula is well aware that you need to be able to trust in the person with whom you share your confidential information. Which is why as Partner with Lester Aldridge who looks after probate, wills and estates, she is happy to offer a totally free and no commitment initial consultation. This meeting can take place in person at your home or the Lester Aldridge offices in Bournemouth, or on the phone as preferred. You can talk over the specifics of your situation with Paula, and take things from there.

Contact Paula directly to arrange your free consultation, please mention any specific topic you'd like to cover: This email address is being protected from spambots. You need JavaScript enabled to view it.

For more information about Lester Aldridge Solicitors click here

Life Matters for Lymington with Paula at Lester Aldridge, November 2018

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Life Matters for Lymington from Lester Aldridge – act now.

Jane Porter Living

Life Matters and a very simple message for us all:

Getting our affairs in order: don't put it off until tomorrow...

lester aldridge Life Matters 1

"Life Matters" for Lymington with Paula from Lester Aldridge

For the next in our new "Life Matters" monthly series on those niggling legal matters, Paula Shea from Lester Aldridge gives us some very good reasons to get our affairs in order now.

Don’t Put It Off - Getting Your House In Order

By Paula

As a Private Client solicitor I am privileged to be able to assist families at the most difficult times in their lives.

Failing health, terminal illness, bereavement and upset within the family are just some of the things that touch upon family life.

In my experience, whilst none of these events will be welcome they are invariably easier to deal with if planning has been undertaken in advance.

Time goes so quickly...

Whilst none of us want to contemplate future mental incapacity, it is sadly a reality. According to Alzheimer’s Society research : ”there are 850,000 people with dementia in the UK, with numbers set to rise to over 1 million by 2025. This will soar to 2 million by 2051. 225,000 will develop dementia this year, that's one every three minutes. 1 in 6 people over the age of 80 have dementia”.

Most families will be affected by dementia or failing capacity in some way. Putting in place Lasting Powers of Attorney (LPAs) is one way in which you can plan for this eventuality. I always liken LPAs to an “insurance policy” – they are something we don’t want to have to call upon, but reassuringly there if we do need them.

Just like insurance, if you don’t have an LPA in place and then need it, expense and heartache for your family can easily be the result.

Modern families are complicated and often “blended”

Most families will have some complexity and balancing the competing needs of multiple children and new relationships can feel like balancing on a high wire with no net. Without putting the proper plans in place regarding wills and tax planning the results can be disastrous. Relying on the intestacy rules is a very poor substitute for a properly drawn will. If you have a child under the age of 18 the preparation of a will gives the opportunity to consider the unthinkable scenarios. Of course, no parent wants to consider this but it is part of sensible planning. Putting in place a properly drawn will gives you a safety net so that you can get on with life.

Getting your affairs in order need not be difficult. Having made a new will and LPAs my clients comment on how reassured they feel and that they are ready to get on with enjoying life. Don’t let these tricky matters fester, contact me for a confidential discussion. Your family will thank you for it!

Paula Shea with Life Matters

Free consultation with Paula

Paula is well aware that you need to be able to trust in the person with whom you share your confidential information.

Which is why as Partner with Lester Aldridge who looks after probate, wills and estates, she is happy to offer a totally free and no commitment initial consultation. This meeting can take place in person at your home or the Lester Aldridge offices in Bournemouth, or on the phone as preferred. You can talk over the specifics of your situation with Paula, and take things from there.

More information about Lester Aldridge Solicitors

Life Matters for Lymington with Paula at Lester Aldridge, October 2018

Featured

Colten Care at forefront of dementia expertise

Tanya Baddeley Living

Admiral Nurse team puts Hampshire care home provider at ‘forefront of dementia expertise’

Colten Care has tripled its investment in highly specialist nurses to help support more people and families living with dementia.

Colten Care has welcomed two more Admiral Nurses to its team, including one at consultant level, under an expanding partnership with Dementia UK. The move follows the success of a first Admiral Nurse, Kay Gibson, in developing a group-wide dementia care strategy.

The new Colten Care Admiral Nurse team. From left: Adam Smith, Kay Gibson and Tracy Logan. Kay’s ongoing input will be strengthened by new appointees Adam Smith and Tracy Logan with the trio working together to support residents, families and communities at Colten’s 20 nursing homes, including its five dementia-specific settings.

Adam is one of only a handful of Consultant Admiral Nurses nationally and the first to be appointed by a private care home provider. An Admiral Nurse for several years, he has moved to Colten from Dementia UK where he had consultant responsibility for the South of England and Wales. He previously worked for the Royal British Legion, being operationally responsible for developing its Admiral Nurse teams in Hampshire and Somerset under an independent living support programme.

At Colten, Adam will lead the development and clinical supervision of the Admiral Nurse team. He will be based at St Catherines View in Winchester and also have direct responsibility for Newstone House in Sturminster Newton, Dorset.

The new Colten Care Admiral Nurse team. From left: Adam Smith, Kay Gibson and Tracy Logan. Adam said: “Getting to know Colten Care over the years I have been amazed by the skills, talent and passion of the care and nursing staff at all levels. I’ve been inspired by what they are doing as an organisation and wanted to be part of it. Their enthusiasm is infectious.

“This further investment in Admiral Nurses really puts Colten Care at the forefront of dementia expertise in the care home sector. As a highly specialist team we will be able to drive forward strategy and keep pushing boundaries.”

Tracy joins Colten with extensive experience as a learning disability nurse, helping people with complex mental health needs.

Based at Linden House in Lymington, one of her first tasks will be helping the families of residents settling into a newly opened floor of 15 bedrooms.

Tracy said: “Colten Care has a great reputation for helping people to live well with dementia. The new Colten Care Admiral Nurse team. From left: Adam Smith, Kay Gibson and Tracy Logan. Dementia care is becoming more person-centred and family-focused all the time and our new team will see us ideally positioned to reach out to the wider communities served by our homes as well as the residents actually living with us.”

Since Kay was appointed in 2016, Colten has evolved a dementia care strategy focused on clinical care, companionship and other parts of the care mix. To support families, she has run regular community drop-in sessions, something the wider team will continue. Kay will now be based at The Aldbury in Poole and also have responsibility for Fernhill in Longham.

Elaine Farrer, Colten Care’s Operations Director, said: “We are thrilled to welcome Tracy and Adam to our team, building on Kay’s great work. By investing in our Admiral Nurse provision we are delivering on our promise to help residents and relatives overcome the challenges associated with dementia. It is fantastic news for our continual journey of improvement for the benefit of residents, families and communities.”

Admiral Nurses are part of Colten Care’s wider commitment to dementia awareness which has seen more than 80% of its entire staff join the Dementia Friends programme.

Dementia UK provides specialist dementia support for families through Admiral Nurses. When things get challenging or difficult for people with dementia and their families, Admiral Nurses work alongside them, giving the one-to-one support, expert guidance and practical solutions they need.

FIND OUT MORE ABOUT COLTEN CARE'S NEW FOREST HOMES:

Colten Care operates six residential nursing and care homes in the local area, including three in Lymington: Belmore Lodge, Court Lodge and dementia specialist Linden House. There are also homes in Brockenhurst (Woodpecker's), New Milton (Kingfisher's) and Mudeford (Avon Reach). Click on the links to find out more about each home...

With more than 30 years’ experience, Colten Care is an award-winning family-owned care home company. It has 20 quality care homes covering Hampshire, Dorset, Wiltshire and Sussex and offers a range of services spanning residential, nursing and dementia care. Colten Care is determined to set the highest standards in all aspects of care of the older person. Colten Care is also committed to raising money for charitable causes. In the past year, residents and team members have raised more than £40,000 for charity.

Dementia UK provides specialist dementia support for families through Admiral Nurses. If you need advice or support on living with dementia contact Dementia UK’s Admiral Nurse Dementia Helpline on 0800 888 6678 or email This email address is being protected from spambots. You need JavaScript enabled to view it.. The Helpline is staffed by experienced Admiral Nurses, who give vital support by telephone or email. For more information, visit www.dementiauk.org.

Featured

Life Matters for Lymington from Lester Aldridge - Inheritance Tax planning

Jane Porter Living

Life Matters: taking care of your assets and planning for the future

Cash as gifts, inheritance tax, and the power of planning

Even though it still feels summery, Christmas is not far off.

And if you're considering cash gifts for the children or grandchildren this Christmas, you might find this subject of interest. But whatever the time of year, it's always a good time to be reviewing and planning ahead where your largest assets are concerned. lester aldridge Life Matters 1

"Life Matters" for Lymington with Paula from Lester Aldridge

The next in our new "Life Matters" monthly series on those niggling legal matters, a nudge most of us need, this time in the direction of tax planning. In her usual friendly informal style Paula Shea from Lester Aldridge takes a look at gifts and inheritance tax.

Gifts and Inheritance Tax

Q: When is inheritance tax payable?

A: When you die, your family pays inheritance tax (IHT) on the value of the assets you own when you die, and also on any gifts made in the previous seven years. Either you or your family may also have to pay IHT on other lifetime gifts, too.

Q: How much is IHT?

A: The basic rate of IHT on death and on gifts in the previous seven years is 40%.

IHT on gifts more than three but less than seven years before death can be less than 40%.

There is 20% IHT on lifetime gifts to most trusts.

Q: Are there any reliefs?

A: Yes, the following are normally free of IHT:

Most gifts more than seven years before you die.
The first £325,000 (the current nil rate band) given away in the seven years before you die or which you leave on your death.
Up to a further £325,000 given away in the seven years before you die or which you leave on your death, if your deceased spouse or civil partner did not use their full nil rate band allowance.
Any assets transferred outright between husband and wife.
All gifts to UK charities.
Small lifetime gifts, for example the first £3,000 in each tax year.
Regular lifetime gifts you make from your income.
Some categories of business and agricultural property
Residence Nil Rate Band – depending on your circumstances and value of your estate. To be covered in a separate article.

Q: Ah, so gifts in my lifetime are free of IHT? That means I can put my home and my savings in the children's names now?

A: Yes one way to save IHT is to give away assets in your lifetime - if you live for at least seven years, the gift is free of IHT. But, don't do this without careful planning because if you benefit from an asset you have "given away", IHT is payable as it you still owned it. This is known as a gift with reservation of benefit (GROB).

So, don't give any assets away which you may need yourself

The golden rule is not to give away assets which you may need to maintain the standard of living that you want to enjoy into the future.

Q: Oh! What planning steps should I take?

A: The first step is to prepare a list of your assets and liabilities, with approximate values. Don't forget to include benefits under pension schemes and life policies and anything you expect to receive in the future.

If you plan to make gifts in your lifetime, you should also prepare an estimate of your income and expenditure.

Establish your priorities!

How much will you and your spouse need for the rest of your lifetimes and for the lifetime of the survivor? Aim to keep enough income for the lifestyle you want and enough capital for emergencies and extras. Remember that a widow's pension is often substantially less than her husband's pension.

Are your children to inherit equally? Are some assets to go to only some of your children? If so, consider how the other children will be provided for.

"Lifetime Giving"

Lifetime giving can be very effective at minimising IHT, but beware of capital gains tax (CGT). You have to pay CGT on a gift of an asset as if you were selling it for its market value. CGT can be deferred (“held over”) on some gifts but taper relief will be lost.

Use annual and special exemptions:

The first £3,000 you give away each tax year
The previous tax year’s £3,000 if unused
Gifts on marriage of £5,000 by each parent, £2,500 by each grandparent and £1,000 by others
No more than £250 to any one donee each tax year

Married couples can transfer assets freely between themselves. Channelling gifts through the younger spouse may reduce the risk of IHT.

Consider how to share assets in the most effective way (which may also save income tax or
capital gains tax).

Give away assets likely to increase substantially in value. Even if you die within seven years the value for IHT will be frozen at the date of the gift.

If you have surplus income, consider regular giving. Regular gifts from spare income are free of IHT without limit.

Q: Are there any other complexities?

This guide can only provide a brief summary of some of the main features of IHT. As with other taxes, there are many complicated and detailed rules laid down by Parliament.

Paula Shea with Life Matters

Free consultation with Paula

Paula’s overriding message always, is to try and plan ahead. And a little professional help can come in handy.

Paula is also well aware that you need to be able to trust in the person with whom you share your confidential information.

More information about Lester Aldridge Solicitors

Life Matters for Lymington with Paula at Lester Aldridge, September 2018

Featured

Life Matters for Lymington from Lester Aldridge - about Powers of Attorney

Jane Porter Living

Lasting Powers of Attorney demystified - and relevant to many of us

Life Matters for Lymington with Paula from Lester Aldridge

The second in our new monthly series on those niggling legal matters to which we should attend: this month Paula Shea from Lester Aldridge de-mystifies Lasting Powers of Attorney, in Plain English.

Following last month's "Importance of a Will", this helpful Q&A about Powers of Attorney sets the scene for the next important subject to consider if we want the people we love to benefit the most (and the taxman the least!) should something happen to us.

Powers of Attorney come into play if our circumstances change: for instance if we have an accident or illness which changes our ability to make decisions for ourselves.

In this scenario we would want to know that the right people are in place, ready and willing to implement our wishes. And in this instance we stand to benefit ourselves in terms of how we live the rest of our lives.

Paula’s overriding message always, is that it’s never too soon to get our affairs in order. And it doesn’t take long nor cost very much in the scheme of things, to sort these things out and give ourselves peace of mind.

So, over to Paula!

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a document that enables you to appoint someone to make decisions on your behalf.

Are they new?

They were introduced on 1 October 2007 to replace the old Enduring Powers of Attorney (EPAs). The Government’s idea was to reduce fraud by attorneys.

I made an EPA before 1 October 2007. Is it invalid?

No – if an EPA was signed by you and your attorneys before that date, the same rules apply. It is just that you cannot make a new EPA.

I have heard that there are two types of LPA. Is this right?

Yes – a Property and Financial Affairs LPA enables you to appoint someone to act for you in relation to your financial affairs (your money and property).

A Health and Welfare LPA allows you to choose someone to make healthcare and welfare decisions for you (such as where you live), but only if you are unable to make such decisions for yourself.

You can also give your Health and Welfare attorney power to refuse or consent to life sustaining treatment on your behalf.

Who should I appoint as my attorneys, and how many do I need?

You must only appoint people you trust absolutely to act in your best interests.

If you are appointing attorneys under a Property and Financial Affairs LPA, you should also choose people who have experience in looking after money. lester aldridge life matters paula lasting powers of attorney

It is sensible to appoint at least two attorneys, in case something happens to one of them. Having two attorneys also reduces the chances of their abusing their power.

What happens if one of my attorneys dies?

If you have more than one attorney, the survivor may be able to continue to act.

An LPA also enables you to appoint substitute attorneys, who can take over from the original attorneys in certain circumstances. This is a change from EPAs which did not allow you to appoint substitutes.

Why do you say that if one attorney dies, the survivor ‘may’ be able to continue to act?

A. It depends how you have authorised your attorneys to act. You can appoint them:

• jointly, which means that they must all act together; or
• jointly and severally: in this case they can act independently of each other which may be more convenient; or
• jointly in respect of some matters and jointly and severally in respect of others.

If you appoint your attorneys to act jointly and one of them dies, the survivor(s) cannot continue to act. The power is cancelled.

How do these LPAs reduce the risk of abuse by the attorneys?

Well, first of all, you can choose people to be notified when the power is registered. If they think something is wrong, they can complain to the Court.

In addition, when you sign the power, you need someone (called a certificate provider) to confirm that you understand the nature and the scope of the power, and that you have not been forced to sign it.

Who can be a certificate provider?

Either a professional (such as a doctor or solicitor), or someone who has known you for more than two years.

You mentioned registration of the LPA?

EPAs could be used as soon as they were signed. They only had to be registered if you became mentally incapable of dealing with your own affairs.

However, LPAs cannot be used until they are registered. Once a Property and Financial Affairs LPA is registered, it can be used straight away.

A Health and Welfare LPA, however, cannot be used even if it has been registered, unless you become incapable of making decisions for yourself.

Will my family be notified of the application to register?

Not automatically. Only the people you have nominated will be notified. This again is a change from EPAs, where family members were automatically notified – you had no choice.

Can I cancel an LPA?

You can cancel an LPA (or an EPA) provided you are mentally capable of doing so.

Property and Financial Affairs LPAs and EPAs are cancelled if you or your appointed attorney become bankrupt.

I have heard that the forms are very complicated. Is this true?

It is true that the forms are longer than EPAs. There are a good many decisions that have to be made. You have to choose your attorneys, any substitutes, the persons to be notified (which is optional) and who is to act as your certificate provider.

Many people do find the guidance of an experienced solicitor to be helpful.

What about the cost?

Because of the length of the documents, it is more expensive to make an LPA than it was to make an EPA. In addition, when registering the power, there is a fee payable to the Court of £82.

Do I need a solicitor to make an LPA?

It is not essential, but the Government’s own website advises that “depending on the complexity of your property and financial affairs, it may be a good idea to get advice from a solicitor before making an LPA”.

Lester Aldridge LLP have lawyers who are specialists in Powers of Attorney and who can help you with care and understanding to get everything right.

Free consultation with Paula Shea

You need to be sure that the person with whom you're sharing your "life matters" is worthy of your trust and confidence.

Which is why Paula Shea, Partner with Lester Aldridge who looks after probate, wills and estates, is happy to offer a totally free and no commitment initial consultation. This meeting can take place in person at your home or the Lester Aldridge offices in Bournemouth, or on the phone as preferred. You can talk over the specifics of your situation with Paula, and take things from there.

More information about Lester Aldridge Solicitors

Life Matters for Lymington with Paula at Lester Aldridge, August 2018

NEWS

What are the legal rights of grandparents regarding their grandchildren?

Lester Aldridge Solicitors Life Matters for Lymington.com readers - March 2019

Free consultation with a Lester Aldridge family lawyer

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Aim for impartiality and normality – and mediation or counselling

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Your beneficiaries may however inherit more than you bargained for!

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First step in all situations: free consultation

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New Year New You – Ten top tips for turning resolutions to reality

Monthly column for Lymington.com by Sue Leach, owner of the Natural Health Hub Lymington

New Year is a time for new purpose!

First big tip, the biggest: set time aside to plan

And remember, small steps for big lifestyle changes

Tip Two - give yourself a reason

Tip Three - use the power of three

Tip Four - Commit!

Tip Five - Foresee your obstacles

Tip Six - Say no

Tip Seven - Get rid of the energy vampires

Tip Eight - Make affirmations - aloud

Tip Nine - clear mess, clear mess, clear mess

Tip Ten - Look for help

Abusive relationships are everywhere

Even in Lymington and the New Forest they lurk - but help is at hand

Life Matters for Lymington with Lester Aldridge

How do abusive relationship even happen?

Christmas can be a trigger

What constitutes domestic abuse?

It’s how the person feels that counts

Take the first step - recognise the situation

A solicitor specially trained in the subject is the first port of call

Free consultation with a specialist family solicitor from Lester Aldridge

Other sources of help and advice

Cash for Christmas?

Cash is a much appreciated gift which can also benefit your tax planning!

Lifetime gifts of up to £250

Lifetime gifts of any amount

Gifts to charities

Free consultation with Paula

Life Matters and a very simple message for us all:

Getting our affairs in order: don't put it off until tomorrow...

"Life Matters" for Lymington with Paula from Lester Aldridge

Don’t Put It Off - Getting Your House In Order

Time goes so quickly...

Modern families are complicated and often “blended”

Free consultation with Paula

Admiral Nurse team puts Hampshire care home provider at ‘forefront of dementia expertise’

Colten Care has tripled its investment in highly specialist nurses to help support more people and families living with dementia.

FIND OUT MORE ABOUT COLTEN CARE'S NEW FOREST HOMES:

Life Matters: taking care of your assets and planning for the future

Cash as gifts, inheritance tax, and the power of planning

"Life Matters" for Lymington with Paula from Lester Aldridge

Gifts and Inheritance Tax

So, don't give any assets away which you may need yourself

Establish your priorities!

"Lifetime Giving"

Free consultation with Paula

Lasting Powers of Attorney demystified - and relevant to many of us

Life Matters for Lymington with Paula from Lester Aldridge

Free consultation with Paula Shea

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