One is that they were chosen to take on the role because they are likely to do a good job. Another is that they have at least some of the basic skills to deal with the legal, financial and practical consequences of someone’s death.

But that’s not to say that the executor of a will is expected to be an expert; there is always help on hand from lawyers like us, accountants and other advisors. Perhaps the most important element of an executor’s role, though, is their commitment to caring about what they are doing, respecting the wishes and feelings of those involved, and accepting their legal and other duties.

Once an executor has been granted probate (the right to deal with a deceased person’s estate), there is a whole host of tasks for them to get to grips with. These include gathering in assets, working out the value of the estate, paying tax and debts, and distributing money, property and other possessions to beneficiaries.

These practical jobs are rarely dealt with in isolation; an executor may need to manage aspects of tense or even hostile relationships between beneficiaries and others who claim an interest in the assets. Of course, every case is different and many don’t get into this territory. But executors should always be prepared for the possibility of emotions running high, making estate management a much trickier thing to deal with.

At Gillhams we advise executors on their duties, and we help them deal with every situation in which they may find themselves. From dealing with HM Revenue & Customs requirements, to selling the deceased’s home, to establishing the legal rights to assets. We act as executors, too, so we know first-hand what the role involves. That places us in a great position to help other executors do the best they possibly can.

To find out more, contact us online, email us at solicitors@gillhams.com or call us on +44(0)20 8965 4266.

That’s because deputies are appointed to help some of the most vulnerable people in society: people who lack mental capacity to make decisions about themselves. They may have dementia, or have suffered a brain injury, and it’s for the Court of Protection to decide, after hearing medical evidence, if they should be classed as mentally incapacitated.

Where someone fits the definition then, unless they have made a Lasting Power of Attorney, the Court may appoint a deputy to make day-to-day and longer-term decisions on their behalf. A Court of Protection deputy is usually a close friend or relative of the person who lacks capacity, or is a professional person like an accountant or a lawyer. At Gillhams, two of our partners – Russell Caller and Hina Tailor – are among only sixty members of the Office of Public Guardian Panel of Professional Deputies across England and Wales. They’re often instructed to take on the role for clients and families.

What does that role involve? It’s a combination of decision-making and management. Deputies must make the decisions that the incapacitated person would otherwise make day-to-day including paying bills, dealing with care homes and renting out property, and also those that will affect them in the future, such as where they should live, what course of treatment they should receive or how they should invest their money.

It’s a hugely responsible position in which to be and it’s a job that, as well as doing ourselves, we help deputies undertake. We advise on legal compliance,  duties to the court, and reporting obligations. We’ll also advise on the factors that need to be taken into account when making decisions on behalf of someone else. These include the incapacitated person’s beliefs and previously-expressed wishes, and the views of their family and carers.

Being a Court of Protection deputy isn’t about knowing what to do in every situation. It’s about knowing where to find the help and support when it’s needed.

To find out more, contact our dedicated team of Court of Protection specialists at solictors@gillhams.com or +44(0)20 8965 4266.

But there is a huge difference of opinion about the very nature of prenuptial agreements. UK lawyers are increasingly offering the service to their clients, but many people argue that it makes a mockery of the very idea of a union in which the premise is that two people spend the rest of their lives together. Planning how to handle a divorce before a wedding even takes place can seem like a contradictory action. However, when one considers that almost half of all marriages end in divorce, taking into account the possibility of separation is perhaps just a pragmatic forward-thinking approach.

It is ironic that Hollywood has spawned both the romantic ideal of the “happily ever after”, as well as indirectly leading to an increase in prenups through the creation of well paid actors and celebrities who want to ensure they don’t lose their wealth in case of divorce, which is all too common in the industry. Just as extravagant Hollywood-style weddings have been adopted by the general public, deciding how to handle financial matters in advance of potential separation has become more popular as a way of preventing long protracted disputes further down the line.

Despite a landmark judgment in 2010 which gave them more weight, British courts are still not bound to enforce prenuptial agreements. UK couples ultimately need to decide for themselves whether this approach is suitable for them, but it’s certainly something which should at least be considered by anyone with substantial wealth. Although it will probably remain a contentious concept for the foreseeable future, there is no denying that prenups can provide an element of clarity for many couples.

When a marriage or civil partnership breaks down, it’s often difficult to know where to turn for help or how to even begin the process of separation. When a split-up is not amicable, the addition of acrimony often divides both sides to such an extent that legal action seems like the only recourse. Some couples are able to turn to family or friends to provide assistance in finding a way forward. But sometimes a more independent and qualified resource is required, and this is where a family mediation service can provide the missing link.

Following a government sponsored review, couples seeking a divorce or dissolution of civil partnership must first attend a Mediation Information and Assessment Meeting in order to at least consider an alternative means to settling their dispute, before resorting to the courts. Pursuing this less litigious route via a family mediation service is not compulsory beyond the initial stage and it just won’t work in many cases where emotions are running high, precluding peaceful talks. Sometimes no common ground can be found and the parties will be forced to take the matter to court for a judge to make a ruling.

However, it should be noted that mediation can be a lot quicker than non-mediated separations, taking 110 days on average as opposed nearly 450 days and costing an average of £535 compared to £7,000 for litigated cases. Furthermore, from April 2013, legal aid was no longer available for private family law cases – so mediation is becoming ever more attractive.

Hope is intrinsic to marriage. The idea of “happily ever after” may be a concept which only really works in novels or the ideal scenarios created by Hollywood, but the fact is that most weddings would not take place if either bride or groom saw divorce as an inevitable consequence. Nevertheless, according to the latest figures from the Office of National Statistics, almost half of marriages are expected to end in divorce. There were just under 130,000 divorces in 2011 alone, with the number of divorces highest among people aged 40 to 44. But these facts, sobering though they might be when considered in an abstract sense, are unlikely to have any impact upon the hopeful thoughts of newlyweds on their honeymoon.

So should all couples planning a wedding also find the number of a good divorce solicitor? London is often viewed as the divorce capital of the world due to a number of high profile cases including that of Heather Mills, who secured £24.3 million when she parted from the former Beatle Sir Paul McCartney in 2008. But just because the city has a certain reputation doesn’t mean that its residents have to bolster this image!

Although it may not be romantic to consider the possibility of divorce at the beginning of a relationship, a little forward planning and giving some thought as to how one would deal with legal consequences of an unforeseen development can serve to give extra peace of mind.

Clients come to us when they buy their first home, when they change jobs, start a business, begin to plan for the future. Many stay with us through to later life, and it’s often at that point that they recognise the range of issues – and specific legal discipline – involved in taking care of themselves and making provision for others.

That is why “solicitors for the elderly” is more than a description of the type of work our specialist team does. It’s a recognised, and fairly niche, area of legal practice. Solicitors for the Elderly is also the name of the national organisation made up of a select group of lawyers like us who advise older and vulnerable people, their families and carers. We’re proud to be a part of this.

And if you think about what later life brings, it makes perfect sense for law firms like Gillhams to have lawyers who deal with these issues day in, day out. Issues like estate planning, wills, trusts, powers of attorney, care home contracts, long-term care. They all need to be thought about, planned for and implemented – and that’s where  solicitors who specialise in advising the elderly and vulnerable can make a real difference.

Older age has its challenges. But it presents clients with opportunities too, to call on their assets and to make the best financial provision for their dependents.

We, as people and as lawyers, guide clients through their difficulties with warmth, compassion and flexibility. And we deliver peace of mind about the future.

It’s what being solicitors for the elderly is all about.

For legal advice on looking after the needs of someone elderly, contact us online, email us at solicitors@gillhams.com or call us on +44(0)20 8965 4266.

We’re lucky; we make our own decisions, we’re in control. But what if we weren’t? What would life be like if we couldn’t look after ourselves, our families and our futures?

That is the reality for people with mental incapacity. They are deemed unable to make decisions for themselves, from the small and everyday to the big, long-term financial, legal and welfare issues.

So the law steps in to help protect their interests and at Gillhams we specialise in this process. We represent mentally incapacitated clients and their families in the Court of Protection – the court dedicated to safeguarding the welfare of people who come within its remit.

We work hard to make sure that the systems and processes work for our clients who have mental incapacity. And it’s universally reassuring to see the benefits. People who have suffered brain injuries through accidents, or who have learning disabilities or illnesses like dementia are protected and cared for by their representatives and the courts. They have rights, and these rights – and they as people – are respected.

Mental incapacity poses a huge challenge for those immediately affected by it and for those close to them. That will never change. But there is the potential for every person touched by mental incapacity to get great support and to live a happier, more comfortable and secure life.

Ultimately, that’s what drives us at Gillhams.

For legal advice on looking after the needs of someone challenged with mental incapacity, contact us online, email us at solicitors@gillhams.com or call us on +44(0)20 8965 4266..

The right kind of professional advice when it comes to finances can reap substantial rewards in the long term, but it’s crucial that the professionals giving that advice understand your specific business model to ensure the maximum benefit. Not only should you bank with an organisation that appreciates the often sporadic nature of a barrister’s cashflow, but you also need an accountant who is up to speed with relevant areas such as income recognition and UITF 40.

Those starting out as barristers will face many financial options and considerations: whether to “cash account” or be taxed on the first six month’s pupillage and to ensure that they claim any pre-trading expenditure on costs such as books, wig and gown. But the main focus, especially in the early days, should be on finding work rather than dealing with accounting matters. These can be delegated to others who specialise in accountancy services. London barristers should make the most of their chargeable time rather than dealing with tax affairs administration.

A clear marketing strategy is critical to the success of any business and provides a boost to work gained by word of mouth referrals. A specialist marketing adviser can offer an array of tips and techniques to enable barristers to maintain a steady stream of work and allow them to focus on their clients and worry less about marketing matters.

Peter Guinn – Partner – Alliotts

Both firms were well established, highly respected and had a solid client base, and the problems encountered by them are probably impacting on many other law firms to a greater or lesser degree in the current difficult economic conditions.

When a law firm or in fact any business becomes insolvent, there can be any number of contributing factors. Possibly bad management, over extending financially, perhaps over reliance on certain clients, poor morale and factors outside of the business’ control.

The purpose of this post is to raise the possibility that perhaps, a factor, or indicator, could be how these firms approached technology changes?

At Darlingtons, we are very keen on online marketing and have invested very heavily in our online presence for over 5 years. We have reaped the benefit both in online instructions and our visibility and brand awareness have increased exponentially.

For some reason, when I initially saw that Cobbetts had gone into administration, I was curious as to how active they were online. For a firm of their size, I expected them to have a very slick website with lots of great content and a strong social media presence. I was surprised to see that their website was really very poor and they weren’t very active on social media.

When Blakemores shut down yesterday, I decided to have a look at their online activity. They certainly had a nice website design, but not a very visible online presence and very little social media activity I could find.

I am therefore asking myself whether, however small a factor, is there perhaps any commonality between the fact that both these firms didn’t appear to be prominent online?

It’s impossible to answer the above question and it’s purely a hunch which will only become perhaps clearer if and when other law firms close down.

I do, as is apparent from all of the above, have a very strong belief that a firm’s presence online is absolutely vital to it’s future, but many may still disagree with me. For clarity, I am not saying that any connection is directly the cause of the unfortunate demise of the 2 firms in question, but my hunch is that it is symptomatic of something, perhaps a disconnect with the rapid change in legal services?

James Swede is Senior Partner at Darlingtons Solicitors.

These days legal qualifications are not a guarantee that a solicitor is the right fit for a client or their case. And this is important because the stakes are often high, never more so than in Court of Protection cases where clients are mentally incapacitated and particularly vulnerable.

Solicitors play a vital role in representing these clients’ interests and influencing the decisions that are made on their behalf, sometimes even acting as the Court of Protection deputy and actively managing a client’s affairs.

So it pays to find someone with the right skills, the right approach and the right attitude. And there are some core qualities to look out for in any Court of Protection solicitor.

1. First and foremost they need to be trustworthy. This is about more than just being honest and decent (although that’s a great start). Make sure that you feel able to trust your solicitor to do the best possible job for you.
2. They should have good analytical skills. This means that they take facts on board quickly and logically. They can sort the relevant from the irrelevant, make out your best case and apply the law to your advantage.
3. Good mediators. Does your solicitor think and express themselves clearly? Are they discerning and methodical in how they work towards solutions? These are traits that help make discussions about a future course of action constructive.
4. Attention to detail. Your solicitor should be meticulous about the facts. But they should not become bogged down in them. Detail is critical but your case needs context, and a bigger picture perspective, too.
5. They should be able to draft letters and documents which are accurate in every sense and which are compelling.
6. Finally, your solicitor should know the law. That’s obvious isn’t it? But don’t assume that someone you instruct on a Court of Protection case has the level of specialist knowledge this area of law demands. They need to be experienced in representing vulnerable clients and their families. And they must have sound knowledge of the Mental Capacity Act and be able to apply this in a way which produces tangible benefits for you.

To find out more about our Court of Protection specialism, contact Russell Caller (Managing Partner) on 020 8965 4266 or rc@gillhams.com for a free and confidential discussion.