Skip to main content

Cookies

We use cookies to help provide a better website experience for you, as well as to understand how people use our website and to provide relevant advertising.

By clicking "I agree", you'll be letting us use cookies to improve your website experience. To find out more or to change your cookie preferences, click "Manage Cookies".

We value your privacy

Like many other websites, our website uses cookies. Cookies are small files placed on your computer when you visit our site. They serve a number of purposes, including ensuring that certain parts of the website work properly, allowing us to understand which areas of our website are the most popular and allowing us to provide more relevant advertising messages. They don't allow us to identify you specifically and no personal data is gathered about you.

If you'd prefer that cookies weren't placed on your computer when you visit our site, you can use the controls below to allow or disallow different types of cookie. Some cookies are essential for the website to work, so they can't be disallowed.

  • These cookies give us anonymised information on how people use our website. We use these cookies to help us tailor our site to meet the needs of our visitors, for example by making sure our most popular pages are easy to find.

  • These cookies serve a number of purposes, such as allowing you to share our content with your friends and social networks. We also use these cookies to provide targeted advertising, so you may see relevant adverts based on the pages you look at on our website.

  • About
  • News & Insights
  • Careers
  • COVID-19
  • Brexit
0370 1500 100
Irwin Mitchell Logo
  • Personal
    • Personal
    • Personal Home
    • Personal Injury Claims
      • Personal Injury Claims
      • Personal Injury Claims Home
      • Abuse & Criminal Injury Claims
      • Accidents In Public Places Claims
      • Accident At Work Claims
      • Air, Rail & Sea Related Claims
      • Asbestos & Mesothelioma Claims
      • Changing Solicitors During a Personal Injury Claim
      • Group Claims
      • Holiday Accidents & Illness Claims
      • Illness Compensation Claims
      • Industrial Disease Claims
      • Injury Types
      • Military Injury Compensation Claims
      • No Win No Fee Personal Injury Claims
      • Personal Injury Claims In Scotland
      • Personal Injury Information
      • How To Claim Compensation For Personal Injury
      • Product Liability Claims
      • Rehabilitation & Medical Care
      • Road Traffic Accident Claims
      • Serious Injury Claims
      • Support Services
    • Medical Negligence Claims
      • Medical Negligence Claims
      • Medical Negligence Claims Home
      • Cancer Misdiagnosis Claims
      • Birth Injury Claims
      • Cauda Equina Syndrome Claims
      • Cosmetic Surgery Claims
      • Cerebral Palsy Claims
      • Defective Medical Device Claims
      • Dental Negligence Claims
      • Diabetes Claims
      • Fatal Medical Negligence Claims & Inquests
      • GP Negligence Claims
      • Hospital Negligence Claims
      • What Is Medical Negligence?
      • Meningitis Misdiagnosis Claims
      • Failure To Prevent Suicide Claims
      • Misdiagnosis Claims
      • No Win No Fee Medical Negligence Claims
      • Ophthalmic Negligence Claims
      • Pregnancy & Gynaecology Injury Claims
      • Sepsis Negligence Claims
      • Shrewsbury & Telford Hospital NHS Trust Maternity Care Claims
      • Stroke Misdiagnosis Claims
      • Surgery Compensation Claims
    • Family Law
      • Family Law
      • Family Law Home
      • Divorce Solicitors
      • Prenuptial & Postnuptial Agreement Solicitors
      • Child Abduction Solicitors
      • Civil Partnership Solicitors
      • LGBT+ Family Law Solicitors
      • Unmarried Couples' Rights
      • Divorce Financial Settlement Solicitors
      • Child Arrangement Orders
      • Out Of Court Divorce Solicitors
      • Separation Agreement Solicitors
      • Adoption & Surrogacy Solicitors
      • Domestic Violence Solicitors
    • Wills, Trusts & Estates
      • Wills, Trusts & Estates
      • Wills, Trusts & Estates Home
      • Estate Planning Solicitors
      • Powers Of Attorney
      • Trusts
      • Will Writing Services
      • Will Disputes & Contentious Probate
    • Conveyancing & Property Solicitors
      • Conveyancing & Property Solicitors
      • Conveyancing & Property Solicitors Home
      • Conveyancing Fees Calculator
      • Buying A Property
      • Selling A Property
      • Remortgage
      • Transfer Of Equity
      • Buy To Let
      • Absentee Landlord & Freeholder Tracing Service
      • Conveyancing & Property In Scotland
      • Freehold Purchase (Leasehold Enfranchisement) Solicitors
      • Lease Extension Solicitors
      • Conveyancing Guide
    • Tax
      • Tax
      • Tax Home
      • Business Tax
      • Inheritance Tax
      • International Tax
      • Professional Negligence
      • HMRC Tax Investigations
      • Tax Disputes & Litigation
      • Tax Residence
      • Tax Returns & Compliance
      • Wealth Structuring
    • Probate
      • Probate
      • Probate Home
      • International Probate
      • Probate Sale Conveyancing
      • What Is Probate & How Does It Work?
    • Will, Trust & Estate Disputes
      • Will, Trust & Estate Disputes
      • Will, Trust & Estate Disputes Home
      • Trust Disputes
      • Inheritance Act Claims
      • Contesting A Will
      • Contentious Probate
      • Pre-Death Agreements
      • Professional Negligence
      • Challenging A Lifetime Gift
      • Financial Abuse
      • Statutory Will Disputes
      • Defending A Contested Will
    • Employment Law Solicitors
      • Employment Law Solicitors
      • Employment Law Solicitors Home
      • Employment Contract Solicitors
      • Employment Disputes
      • Dismissal & Redundancy Solicitors
      • Employment Discrimination Solicitors
      • Harassment & Bullying At Work Solicitors
      • Parental & Family Friendly Employment Rights
      • Professional Discipline Solicitors
      • Recruitment & Promotion
      • Senior Executives & Professionals
      • Settlement Agreements
      • Whistleblowing Solicitors
    • Elderly Legal Services
    • Protecting Your Rights
      • Protecting Your Rights
      • Protecting Your Rights Home
      • Actions Against The Police
      • Environmental & Planning Law
      • Data Protection Breach Claims
      • Education Law
      • Healthcare & Social Services
      • Human Rights
      • Judicial Review
      • Mental Capacity
      • Motoring Offences Legal Advice
      • Professional Regulation & Discipline
      • Dispute Resolution
      • Legal Aid
    • Immigration Solicitors
      • Immigration Solicitors
      • Immigration Solicitors Home
      • British Citizenship & Naturalisation Solicitors
      • EU & EEA Immigration Solicitors
      • Indefinite Leave To Remain Solicitors
      • Spouse Visa Solicitors
      • Innovator Visa
      • Tier 1 Entrepreneur Visa
      • Permanent Residence Solicitors
      • Tier 1 Investor Visa
      • Business Immigration Solicitors
      • Our Prices - Immigration
    • Crime & Investigations
      • Crime & Investigations
      • Crime & Investigations Home
      • Crime
      • Fraud & Financial Crime
      • Motoring Offences Legal Advice
      • Regulatory Investigations & Enforcement
    • Insolvency
      • Insolvency
      • Insolvency Home
      • Business Restructuring & Insolvency
      • Debt Consultancy
      • Insolvency Disputes & Litigation
    • Court Of Protection
      • Court Of Protection
      • Court Of Protection Home
      • Court Of Protection Deputyship
      • Healthcare and Social Services
      • Frequently Asked Questions
      • Personal Injury Trusts
      • Powers Of Attorney
      • Powers Of Attorney Disputes
      • Statutory Wills And Trusts
  • Wealth Management
    • Wealth Management
    • Wealth Management Home
    • Asset Management For Personal Injury
    • Charity & Philanthropy
    • Estate Planning
    • Financial Planning
    • Intergenerational Wealth Management
    • Investment Management
    • Retirement Financial Planning
    • Succession Planning
    • Tax Planning
  • Business
    • Business
    • Business Home
    • Sectors
      • Sectors
      • Sectors Home
      • Consumer & Retail
      • Education
      • Financial & Professional Services
      • Manufacturing
      • Media & Entertainment
      • Real Estate
      • Sport
      • Technology & Communications
    • Banking & Finance
      • Banking & Finance
      • Banking & Finance Home
      • Corporate Banking
      • Funds
      • Leveraged & Acquisition Finance
      • Real Estate Finance
      • Receivables Finance & Asset Based Lending
    • Business Crime
      • Business Crime
      • Business Crime Home
      • Anti-Bribery & Corruption
      • Insider Trading & Market Abuse
      • Corporate Internal Investigations
    • Business Immigration
      • Business Immigration
      • Business Immigration Home
      • Business Visitor Visa
      • Innovator Visa
      • Prevention Of Illegal Working
      • Sole Representative Of An Overseas Business
      • Tier 1 Entrepreneur Visa
      • Tier 1 Investor Visa
      • Tier 2 & 5 Sponsor Licence
      • Tier 2 Visa
      • Tier 4 Sponsor Licence
    • Commercial
      • Commercial
      • Commercial Home
      • Commercial Contracts
      • Charities
      • Competition Law
      • GDPR & Data Protection
      • Information Technology
      • Media & Entertainment
      • Sourcing
      • Licensing
    • Commercial Litigation & Dispute Resolution
      • Commercial Litigation & Dispute Resolution
      • Commercial Litigation & Dispute Resolution Home
      • Banking & Finance Litigation
      • Business Interruption Insurance Lawyers
      • Contract Disputes
      • Commercial Judicial Review
      • Defamation & Reputation Management
      • International & Cross-Border Disputes
      • Litigation Funding
      • Professional Negligence
    • Corporate
      • Corporate
      • Corporate Home
      • Corporate Advisory
      • Equity Capital Markets
      • Mergers & Acquisitions (M&A)
      • Private Equity
    • Costs Team
    • Employment Law
      • Employment Law
      • Employment Law Home
      • Business Immigration
      • Employment Contracts, Policies & Procedures
      • Disciplinary & Grievance
      • Employee & Industrial Relations
      • Employment Litigation & Dispute Resolution
      • Equality, Diversity & Discrimination
      • Flexible Working Arrangements
      • Health & Safety
      • HR Advice Service - IMhrplus
      • Managing Sickness Absence
      • Pensions
      • Recruitment
      • Restrictive Covenants
      • Restructuring & Redundancy
      • Self Employment, Contractors & Agency Workers
      • Employment Seminars, Training & Updates
      • Terminating Employment & Settlement Agreements
      • TUPE
    • In-House Counsel
    • Intellectual Property
      • Intellectual Property
      • Intellectual Property Home
      • Defamation & Reputation Management
      • Copyright Lawyers
      • Design Rights Lawyers
      • Image Rights Lawyers
      • Patent Lawyers
      • Trade Mark Lawyers
      • Trade Secrets Lawyers
    • Legal Helpline
    • Pensions
      • Pensions
      • Pensions Home
      • Employment
      • Managing Death Benefit Trusts
    • Regulatory & Compliance
      • Regulatory & Compliance
      • Regulatory & Compliance Home
      • Road Transport & Operator Compliance
      • GDPR & Data Protection
      • Environment & Safety Regulatory Compliance
      • Financial Services Regulation
    • Real Estate
      • Real Estate
      • Real Estate Home
      • Corporate Occupiers
      • Real Estate Development and Regeneration
      • Construction & Engineering
      • Real Estate Finance
      • Real Estate Investment
      • Real Estate Tax
      • Residential Development
      • Retirement Living & Care
      • Strategic Land
      • Structured Real Estate
      • Planning & Infrastructure
      • Property Litigation & Real Estate Disputes
    • Restructuring & Insolvency
      • Restructuring & Insolvency
      • Restructuring & Insolvency Home
      • Corporate Insolvency
      • Partnership Insolvency
      • Directors' Duties
      • Phoenix Companies
      • Restructuring
    • Tax
      • Tax
      • Tax Home
      • Corporate Tax
      • Real Estate Tax
      • Tax Investigations
  • People
    • People
    • People Home
    • Search By Name
    • Search By Location
    • Search By Expertise
    • Business Management
  • Offices
    • Offices
    • Offices Home
    • Birmingham
    • Bristol
    • Cambridge
    • Chichester
    • Gatwick
    • Glasgow
    • Leeds
    • London
    • Manchester
    • Middlesbrough
    • Newbury
    • Newcastle
    • Reading
    • Sheffield
    • Southampton
  • Contact
  • About
  • News & Insights
  • Careers
  • COVID-19
  • Brexit
Irwin Mitchell Logo

Call us on

0370 1500 100 Or request a call back
  • Home
  • Personal
  • Elderly Legal Services

Elderly Legal Services

Trustpilot

Planning ahead for old age and making sure your affairs are in order can help you and your family secure your future. Many in our nationwide team of lawyers are members of Solicitors for the Elderly. Working with this specialist group, we’re experienced at putting plans in place for elderly and vulnerable people.

If you’re planning for your own future or you’re responsible for someone else’s, getting advice to suit your situation is important. Our lawyers give practical, tailored advice to help you manage financial, health and welfare issues that come with getting old.

Contact us to discuss your situation and set up a free initial consultation. Call on 0370 1500 100 or send us an email and we’ll call you back.

What Elderly Legal Services Can Your Solicitors Help With?

We can help with:

  • Wills – including living Wills or Advance Decisions to refuse certain medical treatments or resuscitation in future
  • Estate Planning – structuring wealth and assets efficiently so loved ones are looked after
  • Powers of Attorney – appointing someone to manage your affairs if you lose the mental capacity in future
  • Managing finances – for those who lack mental capacity to manage their own affairs
  • Care home fees - advice on how to structure your finances to plan for care home fees if you need it in future
  • Tax planning - including inheritance tax
  • Wealth Management – putting plans in place to help manage finances, investments and succession in future
  • Court of Protection Applications – this is a legal body that helps make decisions for someone who doesn’t have the mental capacity, applications may be to sell property, to make a Will or gift assets
  • Will, Trust and Estate Disputes – advice on how to sort out family disputes if anyone doesn’t agree with your decisions.

Many people we work with are concerned they or their loved one will lose the capacity to make important decisions later on. By getting advice early, our lawyers can help you plan ahead to make sure you and your family are looked after in future.

If you’re looking after a parent, you may be concerned about them having a relationship or getting married in later life. We can advise on how to protect your family assets and inheritance through pre and post nuptial agreements if needed.

Who Can Your Lawyers Help?

We can help you if:

  • You want to get your own affairs in order
  • You want to make a Lasting Power of Attorney
  • Your spouse or partner has died leaving you to handle all the finances
  • You’re a relative or carer of an elderly person
  • You’re an attorney or deputy for an elderly person
  • You’re a professional advisor such as an accountant or independent financial advisor.

You’ll get advice in plain English without the legal jargon so you can make the best decisions going forward. Call us to discuss how we can help on 0370 1500 100.

Later Life Packages

Our later life packages are a cost-effective and convenient way to start planning for a range of issues. For a fixed fee, you'll get a comprehensive information pack written by our solicitors and an in-depth legal consultation to go through any other questions you may have.

We can then put you in touch with the right experts to help you put your plans into action.

  • Attorneyship Support Package - Learn what you need to do if someone choose you to be their attorney
  • Deputyship Package - Guidance on how to fulfil your role as a deputy and make important decisions on behalf of a vulnerable loved one
  • Planning for Care House Fees Package - Care home fees can quickly add up. Make sure you've saved enough so you can get the care you need. 
  • Later Life Relationships Package - Prepare for the extra legal complications that often come with starting a new relationship in later life
  • Inheritance Tax Planning Package - Learn about organising your estate so your loved ones can get the most out of their inheritance
  • Pre-retirement Planning Package - Get your later life plans in place as early as possible with advice ranging from pensions to tax planning.

Why Choose Irwin Mitchell?

You’ll get legal and financial advice all under one roof so you don’t need to shop around. Our relationship with you is built on trust which is why many clients ask us to act as executors of their estates, deputies or trustees if needed. Some of our lawyers are members of Solicitors for the Elderly and we know how to treat your situation with the sensitivity and care that’s needed when dealing with later life issues.

Many of our solicitors are Dementia Friend Champions. This means they’re dedicated to making a positive difference to people living with dementia. We work with many elderly people with dementia and their families to give them legal advice to protect their future. If people have a disability or illness, making it hard to understand what’s going on, we’ll communicate using different techniques, like using whiteboards and picture symbols.

We have offices across the UK so we can help you wherever you’re based. If you can’t travel, our lawyers can come to your home or wherever is most convenient to you.

Contact Us

Contact our team today for a free initial consultation. Call on 0370 1500 100 or send us an email and we'll call you back.

Extensive experience with high net worth clients
Detailed knowledge of inheritance tax and how to protect your assets
15 offices across the UK
Professional and confidential service

For general enquiries

0370 1500 100

Or we can call you back at a time of your choice

Phone lines are open 24/7, 365 days a year

Contact us today

For a free initial consultation

Freephone

0370 1500 100

Prefer not to call?

Use our form

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

Kelly Greig
Kelly Greig Partner Meet the team
Elderly Legal Services - More Information
    • What Is A Trust?
    • A trust is a legal arrangement that manages money or assets for the benefit of specific people. When you set up a trust, you decide who will be in charge of the trust (the trustees) and who will benefit from it (the beneficiaries).

      Assets can still generate income once they have been placed in a trust. Properties can still charge rent, shares still collect dividends, and money can still generate interest. This income can either stay in the trust or be paid to beneficiaries.

      Assets may increase or decrease in value while in a trust – it is the trustees’ responsibility to manage this in the beneficiaries’ best interest.

      As such, trusts do sometimes have to pay tax. However, it can be more tax-efficient to put assets in a trust and receive income as a beneficiary than it is to receive the income directly.

    • What Is Inheritance Tax (IHT)?
    • Inheritance Tax (IHT) is a tax on the value of the assets that you own – your estate - when you die.

      If you have a life interest or right to income in certain types of trusts, IHT can sometimes apply to these trusts’ assets as well. It can also be charged on any gifts to a trust that you’ve made in your lifetime.

      IHT is taken from your estate before any assets are distributed between your successors. In some cases, certain assets might have to be sold to pay the tax.

      There are a number of reliefs and allowances that reduce the amount of IHT that your estate must pay. For example, assets that you leave to a spouse or partner are exempt from IHT.

      We can help you make the most of these reliefs and allowances and ensure that your successors can benefit from as much of your estate as possible. Contact us online to find out more.

    • What Happens If I Don’t Plan For Care Home Fees?
    • Unless you become very ill, it’s likely you’ll have to pay for most or even all of your care home costs. If you don’t plan for possible fees you can’t be sure how your estate will be affected in the future.

      Some of the consequences might be:

      • You have to sell your home to pay for fees
      • Your loved ones won’t get the inheritance you wanted to give them
      • You can’t take advantage of state support you should be eligible for.

      We can help you plan now so that both you and your loved ones are looked after for the future. Call today on 0370 1500 100, or use our online form and we’ll call you back.

    • What Should I Think About When Making My Will?
    • Everyone’s circumstances are different, but some of the things to consider when making a Will are:

      • The value of your estate – inheritance tax (IHT) is generally due on anything over the £325,000 threshold (£650,000 for married couples and civil partners) once mortgage and other debts are deducted
      • A new IHT allowance of £125,000 may apply if you own a property and leave some of your estate to relatives like children and grandchildren.
      • How you own your assets – if you co-own property with your spouse, the type of tenancy you have will affect whether or not they can continue to live there after your death
      • Who you want to leave your assets to (i.e. your beneficiaries)
      • Who you would like to be the executors of your estate
      • Whether some assets would be best placed in a trust for asset protection purposes.

      These are important decisions to make and you should seek legal advice to make sure your estate is structured in the best way for you and your beneficiaries.

      Read through our Wills Checklist to see if you’ve got everything covered.

    • Why Should I Make A Lasting Power of Attorney (LPA)?
    • If you don’t have a Lasting Power of Attorney in place it may be hard for your loved ones to know what to do if something happens to you, or you lose capacity.

      Without knowing your wishes, they may find it difficult to manage your affairs and property, and they might not know what medical treatment you do or don’t want.

      They might have to apply to the Court of Protection for a deputyship order so that they can take charge of your finances and make decisions on your behalf about the care you receive.

      This can be expensive and time-consuming, and everyone might not agree about who should have control and what decisions should be made.

      By making an LPA now, you can prepare for the future and make sure your wishes are respected.

"My legal team has held my hand throughout, they have been incredibly patient and understanding"

Joy Williams, client

Elderly Care Crisis: A Tipping Point

How you can prepare

Our new research predicts that the UK retirement living sector will run out of beds and face a multi-billion pound funding gap in the next 10 years.

This upcoming crisis means that planning ahead is more important then ever - find out more about how our Later Life Planning experts can help you prepare

"It’s never too late to start but the earlier you do the easier it is." - Richard Potts, CEO of IM Asset Management
“This has been a long, hard and emotionally exhausting battle for Joy. She has had to deal with the loss of her partner and the threat of possibly losing her home. I'm delighted that the judge has decided that Joy should own her partner’s share of the home they shared. This is the right judgement for our client who was placed in the intolerable position of having half her home being owned by her partner’s estranged wife.” – Paula Myers, Partner
Read More Client Stories

Frequently Asked Questions

What Is Estate Planning?

Estate planning is essential to make sure your wealth is structured as efficiently as possible.

We can help you:

  • Avoid paying unnecessary amounts of tax on your collective assets, or leaving your loved ones with a large tax bill after your death
  • Protect assets from divorce or financial difficulties
  • Make sure you have enough money once you stop working
  • Choose the right person to administer your estate
  • Appoint trustees to manage a trust you’ve set up for your children or other dependants – we can also act as trustees

Our solicitors and tax specialists will work with you to make sure your estate is structured in the best way to provide for your loved ones and give you peace of mind for the future.

Find out more on our Estate Planning page.

Read More... Read Less...

When Do You Need To Review Your Will?

Having an up-to-date Will is essential to make sure your plans for your estate reflect your current situation and include everyone you want to include.

Its good practice to recheck your Will every five years, especially to make sure it takes into account any changes in tax regulations that might affect you.

You should also review your Will following major life changes, for example if:

  • You get married or divorced
  • Any of your beneficiaries get married or die
  • New children or grandchildren are born who you want to inherit
  • There’s a significant change in your financial circumstances
  • You come into any inheritance – this could change the value of your estate and the Inheritance Tax payable

With our Wills Assured service, standard updates are free – so you don’t have to worry about paying extra fees to keep your Will fit for purpose. Find out more.

Read More... Read Less...

What Powers Does An Attorney Have?

An attorney only has the powers they are specifically granted in the terms of the LPA. It’s very important to word an LPA so that the attorney doesn’t have free reign, but so they are also able to make the decisions necessary to protect your best interests.

Depending on the terms of the LPA, an attorney might be able to:

  • Make investments
  • Make small gifts
  • Specify medical treatment.

For anything outside the terms of the LPA, they’ll need to apply to the Court of Protection, which looks after the affairs of vulnerable people who don’t have capacity to do it themselves.

Read More... Read Less...

Related Information - Elderly Legal Services

Financial Planning – more about our financial planning advice Read More
Tax Planning – our experts can help minimise your tax exposure, including inheritance tax Read More
Estate Planning – plan your estate so you can pass on your assets as efficiently as possible Read More
Trusts – an effective way for many to protect wealth for the future Read More

About Irwin Mitchell

Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. Our advisers really get to know the people and business that we help.

It's what we call 'expert hand, human touch'.

We have offices around the UK so wherever you are, our experts can help.

Contact Us

Give us a ring to speak to a member of our team in the strictest confidence. Or you can fill out our contact form and we'll ring you back.

0370 1500 100

Our phone lines are open 24/7, 365 days a year

Get a call back

Fill in your details below and we'll be in touch as soon as possible

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

  • Contact
  • 0370 1500 100
  • Contact Irwin Mitchell
  • Social Media
  • Twitter
  • Facebook
  • YouTube
  • LinkedIn
  • Instagram
  • About Irwin Mitchell
  • About Us
  • Social Responsibility
  • Careers
  • Business Management
  • SRA Regulated
  • Terms & Conditions
  • Accessibility
  • Privacy & Security
  • Hoaxes
  • Modern Slavery Act Statement
  • Manage Cookie Settings

© 2021  Irwin Mitchell LLP

Irwin Mitchell LLP is authorised & regulated by the Solicitors Regulation Authority. Our Regulatory Information

Request A Callback

Enter you details below and we'll call you back, at a time of your choice

Preferred date*
Today
Tomorrow

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.