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FREE LEGAL ADVICE 

Our free newsletter blog gives you access to expert Legal Advice that'll empower you to make informed financial decisions for you and your family's future.

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How to avoid asking for a marriage contract to protect your assets.


Why Estate Planning Is the Perfect Solution to a Prenup

Marriage is a beautiful partnership built on trust and love. For many couples, especially those entering a second marriage or bringing significant assets into the equation, discussing finances can feel like walking on a tightrope. While prenuptial agreements are a common solution, they often come with emotional challenges, awkward conversations, and a sense of mistrust.


A couple holding hand before marriage, with a Legal Help Services Limited agent holding an estate protection trust document
Before Making those Important Decisions

Fortunately, there’s a kind, more thoughtful alternative: an Estate Protection Living Trust. This legal document offers the same financial security as a prenuptial agreement, but without requiring your partner to sign a form that could feel transactional.


Asking for a Prenup can be a Negative Experience

While prenuptial agreements offer some legal protection, asking your partner to sign a antenuptial agreement can come with many drawbacks, such as:


  • Emotional Strain: It may create feelings of mistrust or doubt in the relationship.

  • Awkwardness: Initiating a prenup discussion can be uncomfortable and challenging to navigate.

  • Potential Conflict: Disagreements over terms can lead to tension or resentment.

  • Limited Scope: Prenups primarily address divorce but may not account for broader estate planning needs.

  • Perceived Inequity: Your partner may feel the agreement favors one party over the other.


Why Choose an Estate Protection Trust?

A recent UK study revealed that 42% of first time marriages and 31% of second marriages end in divorce, making financial planning for blended families more important than ever. Estate protection plans offer a way to secure your assets and prioritize your loved ones without the challenges of a prenuptial agreement. The benefits of creating an Estate Protection Trust are;


  1. Discreet Asset Protection: An estate plan allows you to secure your assets—such as property, savings, and investments—without openly discussing asset division before marriage.

  2. Flexibility: Unlike a prenuptial agreement, which solely focuses on asset division during divorce, an Estate Protection Trust provides long-term protection for your wealth, ensuring it is passed on to your children or other beneficiaries as per your wishes.

  3. Avoiding Awkward Conversations: Asking your partner to sign a prenuptial agreement can feel like you’re questioning their motives. With an Estate Protection Trust, you can safeguard your assets without making your partner feel uncomfortable.

  4. Protecting Future Generations: If you have children from a previous relationship, an estate plan ensures they will inherit specific assets, eliminating potential conflicts.

  5. Shielding Assets from Legal Risks: An Estate Protection Trust can protect your wealth from claims, creditors, or legal disputes, adding an extra layer of financial security.

  6. Legal Insight: Recent UK data reveals that over 70% of adults do not have a valid Will, leaving their estates vulnerable to disputes and delays. Estate trusts address these gaps, ensuring your wishes are legally binding and protected.


"A trust is one of the most versatile tools for protecting and managing wealth. It ensures your assets are preserved for future generations, while offering flexibility and control to adapt to life’s uncertainties."Martin Lewis


Obtain Asset Protection Without A Prenuptial Agreement

Creating a Living Trust shows that you’re thinking about the future in a loving and responsible way. It allows you to secure your assets without placing strain on your relationship. More importantly, it provides peace of mind for you and your family.


What is a prenuptial agreement?

A prenuptial agreement is a legal contract between two people before marriage, outlining how assets will be divided in case of divorce. At Legal Help Services, we provide alternative solutions like Estate Protection Trusts for more comprehensive planning.

Are prenups enforceable in the UK?

Do I need a prenuptial agreement if I have children from a previous relationship?

Can a prenup be updated after marriage?


In Conclusion

At Legal Help Services Limited, we specialize in creating tailored estate plans that reflect your unique needs and goals. Whether you’re planning for marriage, protecting assets, or securing your family’s future, our team is here to help every step of the way.


Visit us at legelhelpservices.co.uk, email: advice@legalhelpsercices.co.uk or call: 01270381943 and get free consultation.




Updated: Jan 21



How a Financial Affairs Power Of Attorney Ensures Continuity


A Property and Financial Affairs Lasting Power of Attorney (LPA) is an essential tool for anyone who has assets. It ensures your business operation continue to run smoothly, minimizes family conflicts and allows you to control financial decisions even if you become incapacitated, by allowing you to legally appoint an attorney (someone you trust) to be your representative.


Legal Help Services Limited Financial Affairs LPA
Grant a loved one the POWER to make decision on your behalf.

Keeping Control of Financial Assets With A Financial Affairs LPA


Lasting Power of Attorney forms (LPA's) are legal document that allows you to appoint someone your trust to make decisions on your behalf if you become unable to do so yourself. There are three types: a Property and Financial Affairs LPA for financial decisions, a Health and Welfare Power of Attorney for health-related decisions and an Ordinary Power of Attorney (OPA), which limits the matters your appointed attorney can deal with. In this blog we will be focusing on the Financial Affairs Power of Attorney form and the benefits it provides.


Obtaining an Financial POA Document Before Loss of Capacity


Getting a Financial LPA before any loss of capacity is crucial because it ensures that your financial affairs are managed by a loved one(s) if you're no longer able to make decisions yourself. Without it, your appointed attorney and loved ones may face legal hurdles. It'll be difficult for them to access your finances to pay bills, take care of your needs, control your business operations and manage your investments.


"A Financial Affairs Power of Attorney isn't just for the elderly. It's for decision makers, bread winners, business entrepreneurs, property owners and investors” says Martin Lewis (the UK most notable financial expert).

5 Whys You Can Loose Capacity and Require a Power of Attorney


In the UK, the most common reasons someone might become incapacitated and require a Lasting Power of Attorney (LPA) include:


  • Dementia - Progressive conditions like Alzheimer's disease can severely impair decision-making abilities.

  • Stroke - A stroke can lead to significant cognitive or physical impairments, affecting the ability to manage financial matters.

  • Traumatic Brain Injury - Accidents causing severe head injuries can result in long-term or permanent incapacity.

  • Mental Health Disorders - Conditions such as severe depression, bipolar disorder, or schizophrenia can sometimes impair judgment and decision-making.

  • Disease or Cancer - Disease can affect physical abilities, cognitivist and communication, while advanced stages of cancer associated with brain metastasis, can affect mental capacity.


 

The Benefits of Having a Property and Financial Affairs LPA


With a Financial Affairs LPA, your chosen attorney can manage all your financial matters, ensuring your bills are paid and your investments managed in the manner you desire. They'll have your authority to access your bank accounts, withdraw funds and make decisions that align with your best interests.


Ensuring Business Continuity

A Financial Affairs Lasting Power of Attorney ensures that your business continues to run smoothly, even if you are unable to manage it yourself.


  • Uninterrupted Operations: Appointing a trusted individual to make financial decisions prevents business disruptions.

  • Financial Management: Your appointed attorney can manage payroll, pay bills, and handle transactions.

  • Strategic Decision-Making: Allows for important decisions to be made without delay, ensuring the business stays on track. 


Avoiding Family Disputes

Family disputes over business matters can be stressful and damaging. This durable Power of Attorney helps to avoid these conflicts by clearly designating decision-making authority.


  • Clear Authority: Designates a specific person to handle financial matters, reducing ambiguity.

  • Conflict Reduction: Minimizes the potential for family disagreements over business decisions.

  • Peace of Mind: Provides reassurance to all parties involved, knowing that a trusted individual is in charge.


Maintain Control Over Financial Decisions

A Power of Attorney for Finances allows you to retain control over your business and financial decisions even if you become incapacitated.


  • Financial Planning: Enables you to outline how you want your financial matters handled.

  • Empowerment: Allows you to choose who will make decisions on your behalf, ensuring your wishes are followed.

  • Flexibility: Can be customized to fit your specific business needs and preferences.


Gain Peace of Mind With an Estate Plan


A Legal Help Services Estate plan is perfect financial security plan for anyone who is property, financial responsibilities, family or foreseeable health issues. They include your Last Will and Testament, both Healthcare and Financial Affairs LPA's and a Home Protection Trust. With our estate plan, you can put your wishes in writing, keep control of your healthcare choices and financial affairs in case of incapacitation, protect from loosing your home to care home fees, secure fund and investment, ensure loved one receive their inheritance and shelter your family from facing the daunting probate process.


 

Frequently Asked Questions

Below are important Power of Attorney questions with answers you should know.

What are the differences between a Financial Affairs LPA and a Health and Welfare LPA?

What happens if I lose mental capacity without an LPA in place?

Who should I appoint as my attorney for a Lasting Power of Attorney?

How do I apply for a Lasting Power of Attorney in the UK?


Conclusion


Don’t wait for an emergency to secure your financial interests, contact Legal Help Services today to get a Property and Financial Affairs Power of Attorney in place .


 


As the saying goes, failing to plan is planning to fail. Estate planning is no exception and the consequences of not having a solid plan in place can be devastating.


In this Estate Planning Blog, we'll embark on a journey that will not only safeguard your assets but also secure your family's financial future. We'll delve into the art of estate planning, exploring the myriad benefits it brings. From the robust protection of property and asset protection trusts to ensuring your cherished beneficiaries are well-provided for, we leave no stone unturned. Dive into our FAQ section for expert answers, and let's chart a course for lasting financial security and a legacy that shines through the ages.


What Is Estate Planning


Estate planning is the strategic process of preparing for the future, covering all eventualities to ensure your assets are safeguarded and your loved ones cared for. It involves crafting a comprehensive plan that often includes wills and power of attorney, along with home protection trusts and asset protection trusts. This meticulous planning guarantees that your legacy is preserved and your financial affairs are in order, offering peace of mind to you and your family


Table of Contents

Whats Is Estate Planning

Beneficiary

Property Protection Trust

Asset Protection Trust

​Family Asset Protection Trust

How to avoid inheritance tax

Estate Plan Package

Frequently Asked Questions

In Conclusion

Have you taken any steps to ensure that your legacy is protected?


Protecting your Home, Car and Savings with an Estate Plan from Legal Help Services Limited in Nantwich.
Consolidate and Protect Your Assets using Estate Planning Solutions

Beneficiary Of An Inheritance


A beneficiary is the designated recipient of assets, wealth, or property upon the death of an individual. This role is pivotal in the execution of wills, trusts, and life insurance policies. Beneficiaries can be individuals, family members, friends, organizations, or charities, chosen by the benefactor to ensure their legacy lives on. Beneficiaries of a Will face possible problems with other family members able to contest. A beneficiary of a Trust has a protective barrier guaranteeing their inheritance


Home Protection Trust


This strategic legal arrangement offers a robust defense against the looming threat of care home costs and potential creditors. It allows you to retain the right to reside in your home while ensuring that it remains outside the reach of financial predators. However, mastering this trust requires expert guidance, and that's where Legal Help Services Limited steps in, offering you the expertise you need to secure your family's future with confidence.


Asset Protection Trust


This savvy legal document not only shields your assets from Inheritance Tax, but also sidesteps and protects against;

  • Hefty Probate Fees

  • Divorce/Marriage

  • Care Home Fees

  • Bankruptcy

  • Creditors

  • Disinheritance/ Claims

  • Unwanted public scrutiny

With the current threshold set at £325,000 per person, it's easy to see how IHT can take a big bite out of your legacy. With an Asset Protection Trust your assets are secured, avoiding the clutches of probate courts and their fees.


We recommend obtaining estate planning advice from Legal Help Services Limited to expertly guide you through the process, protecting your wealth and maintaining your privacy. Let's make it happen!


Make sure you have designated beneficiaries and consider setting up this trust to avoid the lengthy and costly probate process.


Family Asset Protection Trust


The Family Asset Protection Trust (FAPT) is your strategic fortress against financial threats, simular to the Asset Protection Trust, but this is for fortunate people with larger estates, as there is no limit to the amount it protects.


This legal tool is designed to safeguard your wealth, minimizing taxes and securing your legacy for generations to come. With a FAPT, you retain control over your assets while protecting them from creditors, legal disputes, and even unforeseen financial challenges. This powerful instrument offers peace of mind, ensuring that your hard-earned assets remain intact and benefit your chosen heirs according to your precise wishes.


How to Avoid Inheritance Tax


Inheritance tax, a formidable financial hurdle, can be strategically managed through savvy Estate Planning. To navigate this challenge, begin with crafting a meticulously designed Will, ensuring that your assets are distributed efficiently. Explore trusts like the Home Protection Trust, Asset Protection Trust or the Family Asset Protection Trust (FAPT) to shield your wealth from hefty taxation. By implementing these estate planning solutions, you'll not only preserve your assets but also secure your family's financial future


Consequences


Failing to have a solid estate plan in place can lead to costly legal battles, family disputes, and even bankruptcy. That's why it's important to work with a trusted legal advisor (like Legal Help Services Limited), to ensure your estate plan covers all the essential elements, such as:

"Estate planning also includes planning for your healthcare needs through advanced directives and medical powers of attorney. Don't wait until it's too late to make your wishes known."




Estate Planning Package

With Legal Help Services Limited Estate Planning solutions, you'll gain peace of mind and a secure financial future. First and foremost, a well-structured Last Will and Testament ensures that your wishes are honored. A Property Protection Trusts shield your real estate assets from creditors and ensure they pass to your chosen beneficiaries seamlessly. Health and Welfare LPAs provide critical medical decision-making authority, ensuring your healthcare preferences are respected in challenging times. Financial LPAs grant trusted individuals the power to manage your finances when you can't. In a Family Asset Protection Trust, generational wealth preservation becomes a reality, shielding assets from various threats while securing your family's financial legacy.


Below are the document and security you'll receive in a Legal Help Service Limited Estate Planning Package:


1 - Will Writing:

In your comprehensive estate plan from Legal Help Services Limited, a Will stands as the cornerstone. With it, you dictate precisely how your assets will be distributed upon your passing. It grants you the peace of mind of knowing your wishes will be carried out, leaving no room for disputes or uncertainty among your loved ones.


2 - Property Protection Trust:

Legal Help Services Limited expert estate planning solutions includes a Property Protection Trusts which act as an impervious shield for your real estate assets. This trust not only ensures your properties are transferred seamlessly to your chosen beneficiaries, but also protects them from potential threats like creditors and care costs.


3 - Health and Welfare LPA:

Health and Welfare Lasting Powers of Attorney (LPA) is an integral part of your estate plan. They empower trusted individuals to make critical medical decisions on your behalf if you become unable to do so. By specifying your healthcare preferences in advance, you guarantee that your wishes are honored during challenging times, providing both comfort and control.


4 - Property and Financial Affairs LPA:

Property and Financial Lasting Powers of Attorney (LPA) grants a trusted representative the authority to manage your financial affairs when you're unable to do so yourself. This critical element of your estate plan ensures your assets are managed competently and in line with your intentions, safeguarding your financial well-being.


5 - Family Asset Protection Trust:

Our estate planning solution also includes the Family Asset Protection Trust. This trust goes beyond wealth preservation by shielding your assets from various threats and ensuring generational wealth transfer. With this robust strategy in place, you can rest assured that your family's financial legacy is secure for future generations.


"Don't forget about the importance of appointing a power of attorney to make financial decisions on your behalf in case of incapacity. This can save your family from a lot of stress and uncertainty."

Frequently Asked Questions

What are the pros and cons of asset protection trusts in the UK?

Pros include protecting assets from creditors and legal issues, but cons may involve initial costs and keeping secrets from family members. It's crucial to consult with one of Legal Help Services Limited experts to evaluate if this Trust suits your needs.

What type of assets can be placed within Asset Protection Trusts?

Is it worth setting up a trust?

When is the best time to set up a trust?

What are the Property Protection Trust disadvantages?


In Conclusion


With Legal Help Services Limited's Estate Planning services, you can have peace of mind knowing that your legacy and your loved ones are in safe hands. Don't wait until it's too late! Contact us today to create a personalized plan that reflects your values and secures your family's financial future.

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