With blended families becoming more common, usually after a second marriage, preserving wealth is now firmly on the family agenda. From new relationships to step children and how assets should be divided, it can be overwhelming for those in this position. Being prepared for the expected and unexpected is key. We often advise couples and families, on asset structuring and what documentation needs to be in place in the event of a relationship breakdown.
Many parents often want to ensure the wealth they leave to their children in their estate will not be undermined if their child suffers a relationship breakdown with a spouse. We can guide you to help ensure through the generations, wealth is passed down to who you intended.

Starting a family

In today's society '2.4' children is a definition that no longer works. We have families that comprise of same sex and opposite sex marriages, children being born to couples as a result of IVF treatments or a surrogacy arrangement. These areas of law are constantly developing and an increasing amount of people enter in to these arrangements. We see more issues arising with parental orders and applications from parents where they wish to ensure they have parental responsibility over a child. We can help you navigate through the journey of becoming parents either by IVF or surrogacy and ensure you have relevant documentation in place which is approved by courts,  to protect your new family.

Protecting children

When parents separate, they often disagree about what should happen to children.  The courts encourage parents to try to agree the arrangements between them. Our experienced family lawyers encourage clients to adopt a constructive approach to family problems in a way that preserves dignity and encourages agreements, by way of solicitor negotiation, mediation or arbitration. Failing this, it is only when parents can't agree what should happen that the courts have wide-ranging powers to intervene in the best interests of the children. Blake Morgan can advise on parental responsibility, residence orders, contact orders and financial provisions for children. We ensure your children's needs come first and the solution works for all involved.

Looking after vulnerable adults / children

As the population live longer, we inevitably see a rise in those needing support. Before you get to a point where you can not make decisions, it is wise to ensure someone else can act for you should you suffer from a mental health condition, a severe learning difficulty or a sudden accident. We advise all clients to make a Lasting Power of Attorney, especially those who have business interests. Our role could involve submitting powers of attorney so that you have in place named individuals who can make decisions about your health and welfare or your finances, if you become unable to. Read more about practical issues attorney's can face.

We also act for clients where unfortunately an LPA hasn’t been put in place, but capacity has been lost and therefore we make a deputyship applications to the court, to ensure someone can make decisions for that individual. We also can set up personal injury trusts, if you have been awarded a sum which needs to support your ongoing care. Read more about our Court of Protection services.  

Preserve wealth through marriage

Blake Morgan has seen a notable rise in people wanting to protect their assets and preserve their wealth, and many now worry for what will happen to their assets should they or their children marry. We advise familes on how to protect wealth through marriage, and unfortunatley divorce, to ensure assets built by generations, are retained.

Although regarded as a tool for celebrities or the ultra-wealthy, marital agreements are becoming much more commonly used with couples who's wish is to enjoy their marriage, safe in the knowledge they have done as much as they can to protect their assets. We can advise on both prenuptial agreements, for before a couple marry, whether this is you or your dependent, and also post-nuptial agreements – perhaps where you have married but then either inherited or come in to significant wealth which you want to protect.

Protecting assets on death

Planning for your family for when you are no longer here, can be a worrying time. We can provide advice as to whether your family will be subject to an inheritance tax charge in the event of your death, and sophisticated tax planning arrangements to minimise the tax due. Our goal is to ensure the assets you have spent years building up, pass on to your beneficiaries.

We can also consider lifetime tax planning to ensure your assets grow and are passed down to your family efficiently, and we can advise families on deeds of variation where a Will needs to be amended post death.

For further information on how Blake Morgan can take care of your family, please contact us. 

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Private Client Issues - September 2018


Welcome to this month's edition of Private Client Issues, Blake Morgan's monthly round-up of the topics you may find of interest. Insight and advice on developments affecting private individuals.

Family law expert comments on reform of rights for common law spouses


Today’s Supreme Court decision is a big step in the right direction to reform the rights of cohabitees and ‘common-law’ spouses.

Private Client Issues - August 2018


Welcome to this month's edition of Private Client Issues, Blake Morgan's monthly round-up of the topics you may find of interest. Insight and advice on developments affecting private.

Reducing family conflict – wherever possible

As members of Resolution, the Family team at Blake Morgan strive to reduce conflict as far as possible in all cases that are dealt with. This is often made challenging by the current law in respect of divorce.

Death Benefits – a positive development on the rights of cohabitees and 'common-law spouses'

In the recent Supreme Court decision in the matter of an application by Siobhan McLaughlin for Judicial Review (Northern Ireland) [2018] UKSC 48, the UK's highest court took a big step in the right direction to strengthen the rights of cohabitees.

Successful Inheritance Act claim for perceived "lodger"

Testamentary freedom, or a person's freedom to dispose of their property upon death as they see fit, is a fundamental principle of English and Welsh law.