Lasting power of attorney for businesses

I just read this great article on EN the magazine for Entrepreneurs website http://www.enforbusiness.com/smetoolkit/lasting-power-attorney-businesses
it explains why as business owners we need to put provision in place to make sure our businesses can continue should we loose mental capacity.  Call me to discuss in more detail.

Linda Cummins, head of wills at legal firm Goldsmith Williams, explains that company owners should make arrangements to ensure their business continues to operate in the event that they become incapacitated.
If there are no plans in place for someone to have the legal authority to sign cheques and oversee the running of the business, there is every possibility that by the time the Court appoints someone to run it on behalf of an incapacitated owner-manager, the business will failed.
A lasting power of attorney, often referred to as an LPA, is a legal document that enables a selected person, or persons, to take over the day-to-day running of a business should the owner be either mentally or physically unable to do it themselves.
A common mistake many people make is to assume that because they have a will, everything is in order. In fact, a will only takes effect on death; it has no bearing on your business if you lose the capacity to run it but are still very much alive.
Accidents and illnesses that leave people incapacitated or hospitalised for extended periods can strike at any time and any age. According to the Department of Transport Road Casualties Annual Report, 22,660 people were seriously injured in road traffic accidents in 2010.
Over 130,000 people in England and Wales suffer a stroke each year, with around 10 per cent of those being under retirement age. One person in every 500 has Parkinson’s and, of those diagnosed, one in 20 is under the age of 40, while more than 16,000 younger people in the UK are living with dementia.
A lack of knowledge or "ostrich syndrome" is putting businesses at risk of being left in limbo or going under. People tend to think things like this will never happen to them or they have to be old before they suffer a debilitating illness, but "thirty somethings" are no more immune to injury or illness than the rest of us.
And it’s not just the business that will be affected either. The family of the company owner will be left unable to access funds to live off, adding considerable financial worry at an already very distressing situation.
By Linda Cummins

Need a Will but not sure how to go about it?

Do you want to tackle sorting out your Will but don’t know where to start?

Worried about the best way to go about it?

These are the worries of a lot of my clients have until they realise that the process is not as daunting as they first think.

I will visit you at a time and place that suits you, we will then talk about what you have and who you want to leave it to. 

You need to make some decisions about who will carry out your wishes – your Executors and who will look after your children should both parents die before they are 18 – your Guardians. 

But it is my job to guide you through this decision making process and advise you on the best way to express your wishes in your Will.

I have made it sound simple because with the right Will writer guiding you it can be a simple process and give you peace of mind and leave you with the feeling of “Why didn’t I do this years ago”.

Contact me now to discuss your individual needs and get your Will sorted out because without it the law dictates who gets what and Social Services will decide who will look after your children.

Worried about your kids losing out if your spouse remarries after your death.

A Solution - Flexible Life Interest Trusts

A Life Interest Trust (LIT), also known as an Interest in Possession Trust, is a document that names one or more beneficiaries to an estate and their entitlement to an income from assets held in trust over their life time.

This person is known as the Life Tenant. If that asset is a house or property, then the

Life Tenant is entitled to either the rental income on the property, if it is rented out, or to live in the property if they wish to.

However, a Life Tenant is not entitled to receive any of the remaining capital from the Trust. The Trust can also name other beneficiaries who are entitled to the assets in the Trust once the Life Tenant has died. They are known as Residuary Beneficiaries or Remainder men. However, while the Life Tenant is alive they do not receive anything

from the Trust unless the Life Tenant agrees to a distribution of the assets. LITs are designed to protect the children of a marriage or Civil Partnership in the event

that one partner dies and the other remarries.

You can also make specific requests or instructions on a Life Interest Trust. As a Trust is overseen by Trustees, you can give them specific instructions as to how you

would like the Trust to be managed. For example:

You can give the Trustees the power to either give or lend capital from the estate to

the Life Tenant at their discretion. Where a property is involved, you can specify

that if the Life Tenant wants to vacate the property they can then direct the Trustees to

sell that property and buy another for the Life Tenant to occupy and you can give

specific instructions as to how you would like any capital in the Trust to be invested.

Taxation A Life Tenant is treated as owning all of the assets held in Trust. Any income (such as rent) from the Trust belongs to the Life Tenant and is therefore taxed according to the beneficiary’s personal income tax rate.

No additional income tax is paid by the Trust. One major advantage of the LIT is that it protects the assets in the Trust from being used up during the lifetime of the Life

Tenant. So if a Life Tenant goes into full time nursing care, the local authority cannot take the assets in the Trust to pay for the care of the Life Tenant.

A Life Interest Trust is particularly useful if a couple have children and want to make sure that they benefit from the estate of either partner.

This can be contrasted with a trust which simply gives a right to reside in the property.

A trust of this nature does not give the occupant a right to income from the trust and is not therefore taxed as an income in possession trust.