P R I V A T E
W E A L T H
OUR SERVICES PROTECTING PLANNING FOR EXECUTOR & PROPERTY FAMILY
TO INDIVIDUALS YOUR WEALTH YOUR FUTURE TRUSTEE SERVICES SERVICES MATTERS
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OUR SERVICES TO
INDIVIDUALS
SGH Martineau has one of the leading Private Wealth Many of our dedicated team of lawyers are members of the
departments in the country. We are proud to have been following professional organisations, assuring you of our
advising generations of families for over 180 years. technical expertise and the highest standard of advice:
The UK’s independent legal guides Chambers UK and Legal • Society of Trust and Estate Practitioners (STEP)
500 endorse the breadth and quality of our service and we
have been ranked in the first tier in our field for 14 successive • Solicitors for the Elderly (SFE)
years.
• Private Client Section of the Law Society
As a full service commercial law firm with an extensive
history of advising high net worth clients, we can draw on the • Country Land and Business Owners Association (CLA)
knowledge of our specialist lawyers across a wide range of
disciplines to provide an integrated approach to your affairs. We advise individuals and their families at every stage of their
lives, whether they are planning for their own futures or
Our Rural Business Practice supports the diverse needs of making sure their loved ones are looked after. This includes
individuals living in the countryside, acting for over 40 landed strategic estate planning, trust and estate administration, the
estates, and businesses operating in the rural community. management of the affairs of those who lack capacity to make
their own decisions, property matters, and the breakdown of
Our Charities team looks after institutional and private relationships.
charities, with total assets in excess of £250 million. We have
a particular specialism in Ecclesiastical Law as the sole legal We provide a Partner led service that is tailored to individual
representative for the Anglican Diocese of Birmingham. needs and our clients appreciate our innovative and proactive
approach to their legal matters.
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SGH Martineau’s associations with Multilaw and Legus We have a range of detailed explanatory guides and
(international organisations of legal practices) and State Law questionnaires to help your understanding of our work.
Resources (a group of legal practices based in North
America) has broadened our reach internationally and we can For further details, please get in touch with us or visit our
advise on the potentially complex cross border aspects of website.
trusts, estates and preparing Wills.
We offer practical and effective advice on a wide variety
areas including:
• Wills, estate and succession planning
• Powers of Attorney and elderly client advice
‘Switched on and
• Probate, Intestacy and administration of estates
technically excellent’
• Trust creation and administration
Chambers and Partners
• Will disputes
• Matrimonial and family law
• Property (residential, commercial or agricultural)
• Notarial services
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PROTECTING YOUR
W E A LT H
A Will is the cornerstone of your personal financial planning. It
is crucial to have a properly drawn Will which deals effectively
with your estate after your death. Without a Will the Rules of
Intestacy will determine what happens to your assets when you
die and the people that you want to benefit may miss out.
Intestacy can also lead to family disputes with lengthy and costly
administration.
Leaving an up to date Will not only eases the burden on your
family and friends but also gives you peace of mind that your
estate is secure and your wishes will be carried out.
We advise on all the legal, practical and personal issues to be
addressed when preparing your Will including:
• The appropriate Will to reflect your circumstances, your
wishes and the needs of your loved ones.
• The most tax efficient and flexible structures to protect your
assets and ensure they pass on to the next generations.
• The possibility of claims against your estate under the
Inheritance (Provision for Family and Dependants) Act 1975.
If you have business interests, we can advise you on the
following:
• In your lifetime – addressing your liability to Capital Gains
Tax and Inheritance Tax on the sale of a business or its
transfer to the next generation.
• Estate planning – putting appropriate measures in place so
that your trustees/executors can preserve the business for
the next generation or sell it in a tax efficient manner.
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We can also advise you on:
• Assessment of your liability to Inheritance Tax and how this
can be reduced whilst taking into account considerations of
Capital Gains Tax and Income Tax.
• Minimizing your tax liability through the use of your
allowances, reliefs and exemptions (including charitable
exemptions and the preservation of Agricultural Property
Relief and Business Property Relief for Inheritance Tax
purposes).
• Writing into a bespoke Trust any lump sum benefits paid on
your death under your life assurance or pension policies so
that they do not form part of your estate.
• Considering how your assets are owned and if they should
be restructured.
We will always think creatively and suggest solutions for unusual
situations.
Your personal circumstances are likely to change over time. This
is why we recommend that you review your Will regularly to take
into account significant events such as the birth, death, marriage
or divorce of a loved one or any changes in the law or tax
regulations.
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PLANNING FOR YOUR
FUTURE
Advances in medicine are helping us live longer than ever If you are caring for someone who you feel has become or is
before. becoming mentally incapable of managing their own affairs,
we can provide the following assistance:
We all want to go on making our own decisions for as long as
we can, however this is not always possible. Old age, illness • If your loved one has an Enduring Power of Attorney or
or injury may require someone else to make decisions on our Lasting Power of Attorney, we can provide
behalf. comprehensive advice to the appointed Attorneys as to
their duties and compliance with the legal formalities.
When planning ahead you should consider the possibility that This could include registering the document with the
your mental or physical condition may decline, seriously Office of the Public Guardian.
impacting on your ability to deal with your personal and
financial affairs. • If there is no Power of Attorney in place, we can
advise you as to an application to the Court of
A Power of Attorney is a simple and effective way of Protection for a Deputyship Order and assist you in
ensuring family, friends or a professional advisor can make your role as Deputy when it is granted.
those decisions for you. By putting this in place you can be
assured that if you were to lose capacity, someone of your For both Attorneys and Deputies, we can assist with
choice would be there to take care of matters on your behalf. applications to the Court of Protection for Statutory Wills,
Statutory Gifts and Settlements.
We can prepare both types of Lasting Powers of Attorney,
being Property & Financial Affairs and Health & Welfare, act We can also advise on the creation and administration of
as Certificate Provider, and liaise with the Office of the Public Personal Injury trusts for those who have received damages
Guardian. in large personal injury or clinical negligence cases.
We provide advice on the best way to structure your estate to
plan for long term care needs, whilst being mindful of the
next generation (often in conjunction with an independent
financial advisor).
We are happy to act as a professional Attorney should you ‘They are experts at
wish to appoint us. We often act in this way and believe this
reflects the strength of the relationships that we forge with client relationships’
our clients.
Chambers and Partners
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EXECUTOR &
TRUSTEE SERVICES
Estates Trusts
The death of a loved one is always an emotional and distressing Trusts have been used by families for centuries to protect wealth.
time. We can help you through the potentially bewildering process Our team has considerable experience in trust management and
of dealing with the financial affairs of the deceased. currently administers trusts in excess of £200 million.
We can: We ensure that any trusts created in your lifetime or by your Will
are administered effectively and that the trustees’ tax compliance
• Advise on the terms of the Will or, if there is no Will, on obligations to HM Revenue & Customs are correctly discharged.
the Intestacy Rules.
We offer a fully bespoke service including direct communication
• Investigate and establish the size and nature of the assets and with trustees, beneficiaries, financial and other relevant advisors,
liabilities of the estate. and HMRC.
• Prepare and submit the application for the Grant of Probate or We also attend to the preparation of trust accounts, financial
Letters of Administration, avoiding the need for a personal statements and UK tax compliance on behalf of the trustees.
appearance at the Probate Court.
We can advise on any tax saving strategies or potential
• Deal with all taxation issues relating to the estate (including advantages available under Income Tax and Capital Gains Tax
preparation of the Inheritance Tax Account, and the calculation regimes and can also deal with the necessary personal tax
and payment of Inheritance Tax, Capital Gains Tax and Income compliance.
Tax).
We can prepare the appropriate documentation to give effect to
• Prepare comprehensive Estate Accounts. the retirement and appointment of trustees and distribution of
trust assets.
• Distribute the estate to the beneficiaries.
• Advise on post-death tax planning, Deeds of Variation and the
transferable Inheritance Tax allowance to ensure the
deceased’s wishes are carried out in the most tax
efficient manner.
Our clients have told us that our efficient and personable service
has saved them time and worry during a difficult period in their
lives.
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PROPERTY SERVICES
Property
We advise on property transactions and arrangements of all
kinds. From the purchase of your first home to the development
of a property portfolio, the process of buying and selling
property is often at the heart of wealth creation. Equally, there
is often a property aspect to be dealt with in wealth protection,
whether you are tax planning, restructuring how you hold your
assets or winding up an estate.
We act on a continuing basis for the preservation and
management of significant rural estates. Our Landed Estates
team forms a core part of our Rural Business Practice.
Comprising of Private Client and Property lawyers, it is
supported by colleagues from across the firm who assist with
planning, renewable and other energy projects, equine law and
employment, to name but a few.
Our Property lawyers work closely with the Private Wealth team
to ensure matters are dealt with seamlessly and with the same
friendly, efficient and cost effective service.
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FA M I LY M AT T E R S
The breakdown of a marriage or relationship can be a very
distressing time. Our team of experienced and professional
family lawyers are here to offer you legal expertise and practical
advice to help you through the process and ensure financial
security for you and your family.
We want to guide you through the maze of divorce, finances and
children matters with ease and dignity. This can be a very
sensitive time and we will respect your wishes, listen to your
needs and discuss your case in a straight forward manner.
In the event that there is an issue over your children we will be
focused on ensuring that this is given the highest priority and
that the outcome is in the very best interests of the children and
the family as a whole.
Our service is bespoke, so whatever your position, whether it is
within the home, in business or you are a professional, we will
ensure that you have the financial security that you need and we
will work with you to protect and preserve your wealth.
We are committed to finding solutions and thinking innovatively
to deliver the best strategy to assist you and your family.
Whilst we will do everything we can to promote a settlement
that is commercial and provide what you and your family need, if
matters need to be litigated they will be done so with the utmost
strength and confidence.
Our involvement is not only when there are difficulties but also
when a relationship is flourishing and you are looking to take
that step of moving in together or indeed of getting married. We
help our clients to plan for these events from a personal, as well
as commercial point of view. We therefore advise and assist on
the planning, preparation and drafting of Living Together
Agreements and Pre- and Post-nuptial Agreements. These are
considered wealth protection tools to assist families who want to
ensure that their wealth is passed down their blood line. ‘Service is exemplary; advice
is balanced, accurate and
appropriate’
Legal 500
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Our lawyers are here to help you with all issues that may arise
within your family sphere including -
• Divorce
• Separation
• Finances on relationship and marriage breakdown
• Children matters
• Financial claims on behalf of children
• Pre- and Post-nuptial Agreements
• Living Together Agreements
• Court litigation in relation to all family issues
• Collaborative law – a form of Alternative Dispute
Resolution for couples who are separating and are focused
on settlement as opposed to litigation
• Mediation - we encourage and promote mediation services
to our clients to ensure that matters are resolved by direct
communication where possible.
• Will Disputes – if your spouse/partner dies whilst you are
separated or indeed after a divorce you may be able to
make a financial claim against the estate particularly if you
were not properly provided for, regardless of whether there
is a Will.
• The world has become a much smaller place and many of
our clients live abroad or have international properties. We
are able to give guidance on international issues that arise
on separation and divorce, in particular in relation to
jurisdictional issues that come up regularly. We also
represent parents in complex cross border cases involving
children.
The Family lawyers work closely with our Private Client lawyers
to try and make a positive difference to our clients and their
families.
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BIRMINGHAM OFFICE
No 1 Colmore Square, Birmingham, B4 6AA
T: 0800 763 1000 | F: 0800 763 1001
LONDON OFFICE
One America Square, Crosswall, London, EC3N 2SG
T: +44 (0)20 7264 4444 | F: +44 (0)20 7264 4440
BRUSSELS OFFICE
Avenue Marnix 28, 1000 Brussels, Belgium
T: +32 (0)2 204 44-00 | F: +32 (0)2 204 44-99
International: +44 (0)870 763 2000
www.sghmartineau.com
SGH Martineau LLP is a Limited Liability Partnership registered in England and Wales.
Copyright, SGH Martineau 2012