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Private client law covers the legal needs of individuals and families rather than businesses or public bodies. In Margate, as elsewhere in England and Wales, private client work typically includes wills, probate and estate administration, trusts, lasting powers of attorney, mental capacity matters, elder law and care-fee planning, succession and inheritance tax planning, and asset protection. Solicitors and legal advisers who practise in Margate will apply English law and procedures, and often liaise with local organisations such as Kent County Council adult social care teams, local estate agents and financial advisers to deliver practical solutions for clients living in Thanet and the surrounding areas.
This guide is intended to give clear, practical information about common private client issues for people in Margate. It does not replace tailored legal advice from a qualified solicitor.
Private client matters can be emotionally sensitive and legally complex. You may need a lawyer in the following common situations:
- Preparing a valid will that reflects your wishes and minimises the risk of future disputes.
- Appointing a lasting power of attorney (LPA) so someone you trust can make decisions about your finances or health if you lose capacity.
- Handling estate administration and probate when a relative or friend dies, including preparing probate applications and dealing with estate assets and liabilities.
- Managing trust creation and administration for asset protection, tax planning or family wealth transfer.
- Advising on inheritance tax exposure and legitimate planning options to reduce tax liabilities.
- Advising on care-fee planning and whether transferring assets could affect entitlement to local authority-funded care. Local rules and case law can make this area difficult to navigate.
- Resolving disputes between executors, beneficiaries or family members about a will, estate administration or the validity of documents.
- Challenging or defending claims under the Inheritance (Provision for Family and Dependants) Act 1975, or raising claims relating to mental capacity, undue influence or lack of testamentary capacity.
- Setting up trusts, pension nomination arrangements or lifetime gifts to protect vulnerable family members or plan for future needs.
Private client work in Margate is governed by the law of England and Wales. The following local and national rules are especially relevant:
- Wills and testamentary formalities: Wills in England and Wales must meet the formal requirements set out in law to be valid. This includes being written, signed and witnessed correctly. If formalities are not met, a will may be challenged.
- Intestacy rules: If someone dies without a valid will, statutory intestacy rules determine who inherits. These rules can produce outcomes that differ from the deceased person’s likely wishes, which is why writing a will is important.
- Probate and estate administration: Executors or administrators generally need to obtain a grant of probate or letters of administration to deal with most assets. Probate applications and estate accounts must comply with HM Courts and Tribunals Service procedures and with obligations to creditors and beneficiaries.
- Trust law: Trusts used for estate planning or asset protection are regulated by statutes and case law, including trustee duties, investment responsibilities and tax reporting obligations.
- Mental Capacity Act 2005 and Lasting Powers of Attorney: The Mental Capacity Act sets out the test for capacity and the duties of those acting for people who lack capacity. LPAs are the main legal tool for appointing decision-makers while a person still has capacity.
- Care Act 2014 and local authority charging rules: Local authorities, including Kent County Council, assess care and support needs and may charge for care. Transfers of assets and deprivation of assets rules can affect eligibility for local authority funding. Local procedures and care policies can influence financial planning for long-term care.
- Tax rules: Inheritance tax, capital gains tax and income tax rules apply to estates, trusts and lifetime gifts. National tax law is administered by HM Revenue and Customs and can impact planning choices.
- Court jurisdiction and process: Disputes involving private client matters are heard in courts of England and Wales. Depending on the issue, matters may be dealt with in the County Court, the High Court or specialist probate lists. Alternative dispute resolution may also be available.
You do not legally need a solicitor to make a will, but a solicitor experienced in wills can reduce the risk of mistakes that lead to challenges. A solicitor can help ensure the will is properly drafted, consider tax and inheritance issues, and advise on how best to structure gifts and trusts to meet your wishes.
A lasting power of attorney (LPA) is a legal document that lets you appoint someone to make decisions about your property and finances or your health and welfare if you lose mental capacity. Having LPAs in place gives you control over who will act for you and can avoid the need for a court-appointed deputy, which can be slower and more expensive.
First, gather key documents: the deceased person’s will, death certificate, asset information and liabilities. Check whether probate is needed for any assets. Executors usually apply for a grant of probate through HM Courts and Tribunals Service. Many executors use a solicitor to prepare the application, value the estate, pay inheritance taxes if due, and distribute assets to beneficiaries.
Costs vary by the complexity of the matter and the firm’s charging model. Wills and LPAs are often charged on a fixed-fee basis, whereas probate and complex estate planning may be charged hourly or as a fixed fee plus disbursements. Always ask for a written estimate and a client care letter setting out scope, fees and billing arrangements. Some firms offer limited scope services or unbundled advice to control costs.
Inheritance tax (IHT) applies to the value of an estate on death above the nil-rate band. There are additional reliefs, such as the residence nil-rate band in certain circumstances. Gifts made within seven years of death can also affect IHT. Tax rules are national, so local residence in Margate does not change the basic IHT rules, but local property values and asset composition will influence potential tax liabilities.
Yes, interested parties may challenge a will on grounds such as lack of testamentary capacity, undue influence, or improper execution. There are also statutory claims under the Inheritance (Provision for Family and Dependants) Act 1975 for those who believe the will does not make reasonable financial provision. Time limits and strict procedural rules apply, so seek legal advice promptly.
If you suspect someone lacks capacity, consider arranging an assessment with a medical professional. If they already have an LPA, check whether the appointed attorney can act. If not, an application may be made to the Court of Protection to appoint a deputy. The Mental Capacity Act 2005 sets out how to assess capacity and the steps to take to protect the person’s interests.
Care fees and local authority funding rules can have a significant impact on estate planning. Transferring assets too close to the time of care needs may be treated as deprivation of assets, affecting eligibility for funding. Advice from a specialist private client solicitor or care-fee planner can help you understand timing, exemptions and lawful planning tools.
Look for solicitors authorised by the Solicitors Regulation Authority (SRA). Specialist qualifications and memberships can include the Law Society accredited specialist lists, STEP membership for trust and estate practitioners, or membership of groups such as Solicitors for the Elderly. Also check client reviews, ask for references and request a clear costs estimate and client care letter.
General information and initial guidance can be sought from Citizens Advice, local welfare and social services teams at Kent County Council, and community legal clinics. These providers can help you understand your options, but for detailed planning, complex disputes or court matters you will usually need a solicitor with private client expertise.
For further information and authoritative guidance consider these organisations and bodies:
- GOV.UK for official guidance on probate, wills, inheritance tax, and lasting powers of attorney.
- HM Courts and Tribunals Service for probate application procedures and court forms.
- HM Revenue and Customs - for tax rules affecting estates and trusts.
- Office of the Public Guardian - for information on registering lasting powers of attorney and deputyships.
- Solicitors Regulation Authority - to check a solicitor’s authorisation and complaint procedures.
- The Law Society - for a solicitor finder and practice guidance.
- STEP - Society of Trust and Estate Practitioners - for specialist advisers in trust and estate planning.
- Citizens Advice - for free initial information on legal and welfare issues.
- Kent County Council adult social services - for information on local care assessments and charging policies.
- Local community legal clinics or pro bono services - for potential low-cost or free legal help.
If you need legal assistance with a private client matter in Margate, follow these practical steps:
- Clarify the issue you need help with - draft a short list of questions and the outcome you want.
- Gather documents - wills, bank statements, property deeds, pension details, previous legal paperwork and any medical records relevant to capacity or care needs.
- Research and choose appropriate advisers - look for solicitors regulated by the SRA with private client experience, or specialists accredited by relevant bodies such as STEP or the Law Society.
- Request an initial meeting or call - many firms offer a short free initial discussion. Ask about experience, likely process, timescales and fees.
- Ask for a written engagement letter or client care letter - this should set out the scope of work, fee arrangements and estimated timescales.
- Consider asking for fixed-fee options or phased work - where possible, agree a clear budget and stages so you can control costs.
- If you cannot afford private help, check eligibility for free local advice through Citizens Advice, law clinics or pro bono providers. Note that legal aid is rarely available for private client matters except in limited circumstances.
- If you face urgent issues such as risk of losing assets, immediate health or welfare concerns, or pressing dispute deadlines, seek legal advice promptly to protect your rights and options.
Disclaimer - This guide provides general information about private client law in Margate and is not a substitute for professional legal advice. Laws and local procedures can change, so consult a qualified solicitor for advice tailored to your specific circumstances.
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