#TVLawyer Podcast

In the second special FAQ edition of the #TVLawyer Podcast, Melinda Giles is back to answer your most-asked questions on later life care, mental capacity, financial exploitation and protecting vulnerable loved ones.

In the first of a two-part FAQ edition of the #TVLawyer Podcast, Melinda Giles answers seven key questions about wills, Powers of Attorney and protecting loved ones in later life. As one of the UK’s foremost specialists in private client law, with over 25 years of hands-on experience helping families, the elderly and the vulnerable, Melinda provides clear, practical answers to your most pressing questions regarding wills, Powers of Attorney and similar topics. Get the legal advice you need to plan for the future with absolute confidence in this special episode. In this episode, Melinda explains: - Why you should still write a will even if you don’t have a lot of money or property - The risks for unmarried couples if one of them passes away without a will - The dangers of creating a DIY will rather than working with a solicitor - The differences between a will and a Power of Attorney - Why your children can’t just make decisions on your behalf without a Lasting Power of Attorney - What to consider when choosing someone to act as your attorney - What steps to take if you dispute the validity or layout of a loved one’s will Chapters 0:00 - Introduction 1:21 - Do I really need a will if I don’t have much money or property? 3:07 - My partner and I aren’t married – what happens if one of us dies? 5:39 - Can I write my own will at home and just get it witnessed? 7:05 - What’s the difference between a Power of Attorney and a will? 8:42 - If I lose mental capacity, can my children just step in and make decisions for me? 11:26 - How do I choose the right person to act as my attorney? 13:06 - What happens if there's a dispute about my will after I die? 15:36 - Closing remarks About Melinda Giles Melinda Giles is one of the UK’s leading contributors, speakers and authorities for private client law. With over 25 years of specialist experience, Melinda has become the standout voice for all private client matters on TV, radio and podcasts, with well-received appearances on BBC Breakfast, Sky News, The Martin Lewis Money Show Live, Money Box and more. An award-winning solicitor, champion for women in law and The Law Society Council’s representative for Private Client Solicitors, Melinda’s outstanding reputation and knowledge make her a go-to choice for media and public speaking appearances. In Melinda’s candid #TVLawyer video podcast, she interviews other leading names in the private client space, including other TV lawyers and personalities, expert solicitors and Alzheimer’s Society representatives. To learn more about Melinda or book her for an appearance on your TV show, radio programme or podcast, visit https://www.melindagiles.com/ #wills #powerofattorney #solicitor #tvlawyer #podcast

In Series 2, Episode 6 of the #TVLawyer Podcast, Melinda Giles talks to Roy Daby, Managing Partner and Head of Commercial Law at Giles Wilson, about how vital it is that business owners and directors have Wills and Powers of Attorney in place to protect their company and their loved ones should the worst happen.

In Series 2, Episode 5 of the #TVLawyer Podcast, Melinda Giles is joined by Leah Ellis, a Senior Lawyer and Family Law specialist at Giles Wilson, to provide invaluable advice on divorce and separation, particularly those that involve children or partners with additional needs. As a mother to an autistic son herself, Leah understands the unique considerations that parents with neurodiverse children must keep in mind. In this episode, she shares her knowledge and experience of helping parents of children with additional needs make arrangements when they separate, and shares her advice for handling these delicate cases. In this episode, they discuss: The importance of updating your Will before a divorce or before you remarry How you can manage jointly owned property during a divorce or separation Unique factors to making child arrangements for neurodiverse children The need for total transparency from clients through divorce proceedings How solicitors help protect vulnerable clients from coercive control The role Litigation Friends can play in divorce or separation proceedings Chapters 0:00 - Introduction 1:35 - Why should you update your Will before a divorce or separation? 2:41 - Dealing with jointly owned property in a divorce or separation 4:32 - You should make a new Will before remarrying 4:51 - Making arrangements for children with additional needs in a divorce or separation 7:54 - Can you finalise financial arrangements if you don’t know the extent of your child’s additional needs? 9:12 - Managing disagreements between parents in a divorce or separation 10:00 - Exploring child arrangements in divorces involving neurodiverse children 12:04 - The importance of transparency about a child’s additional needs during divorce 14:18 - How do we protect vulnerable clients from coercive control in a divorce or separation? 15:41 - Helping clients lacking mental capacity with financial arrangements in a divorce or separation 16:37 - Who is a Litigation Friend in divorce or separation proceedings? 18:13 - Closing remarks #divorce #seperation #tvlawyer #podcast

In Series 2, Episode 4 of the #TVLawyer Podcast, Melinda Giles sits with Sade Assibey, Senior Lawyer and Court of Protection specialist at Giles Wilson, to discuss the recent Assisted Dying Bill and what legal actions you can take regarding “end of life” care today. With many years of experience supporting vulnerable clients and their families, Melinda and Sade explore how Lasting Powers of Attorney and Advanced Directives can help people make choices over life-sustaining treatment if they were to lose mental capacity. In this episode, they discuss: What the Assisted Dying Bill is and why it may take a long time to confirm How Lasting Powers of Attorney for Health & Welfare work Why a Lasting Power of Attorney doesn’t stop you from making decisions The importance of choosing your attorneys wisely and having the tough conversations What an Advanced Directive is and its relationship to life-sustaining treatment The need for specialist legal advice when establishing Powers of Attorney or Advanced Directives The huge responsibility on attorneys around life-sustaining treatment Chapters 0:00 - Introduction 1:50 - What is the Assisted Dying Bill? 2:50 - Legal planning and mental capacity 3:48 - Lasting Powers of Attorney for Health & Welfare 6:03 - Does a Lasting Power of Attorney stop me from making decisions? 7:02 - Having an attorney if you’re suddenly taken ill 8:55 - It’s important to assign Powers of Attorney wisely 11:28 - Lasting Powers of Attorney and refusing life-sustaining treatment 12:51 - What is an Advanced Directive? 13:47 - Specialist legal advice for Powers of Attorney and Advanced Directives 16:15 - The responsibility of being an attorney around life-sustaining treatment 17:18 - Having difficult conversations about Powers of Attorney 19:01 - Closing remarks #tvlawyer #podcast #estateplanning #legalplanning #assisteddying

In Series 2, Episode 3 of the #TVLawyer Podcast, Melinda Giles is joined by Demi Marie, Senior Lawyer and Private Client expert at Giles Wilson, to explore a wide range of life-changing events and the legal planning you should consider for each one. From updating your Will and setting up trusts following the birth of a new child or grandchild, to how to protect your beneficiaries when you marry or remarry – Melinda and Demi explain the importance of trusted legal advice during life’s biggest moments. In this episode, they discuss: Why parents and grandparents should create or update their Will after welcoming a newborn. The importance of updating your Will when your child becomes an adult. Setting up trusts for children in your Will if you pass away before they turn 18. How a marriage revokes a pre-existing Will and steps to take to address this. The numerous legal aspects of marriage and how solicitors help you manage these. What legal advice to receive before remarrying to preserve your Will. The value of specialist estate planning after inheriting a large sum of money. Chapters 0:00 - Introduction 1:19 - Making a will for new parents and grandparents 3:45 - What is a letter of wishes? 4:24 - Updating your will when your child becomes an adult 5:15 - Setting up trusts for children in your will 5:53 - The importance of transparency over your estate in your will 6:53 - Marriage automatically revokes a pre-existing will 9:27 - Understanding the legal aspects of marriage 11:05 - Legal advice before remarrying 11:55 - Estate planning after inheriting a large sum of money 13:34 - Inheritance tax changes to pensions 14:56 - Closing remarks

In this episode of the #TVLawyer Podcast, Melinda Giles sits with Giles Wilson Partner and STEP-qualified solicitor Pippa Bavington to demystify the process of setting up a trust following the Autumn Budget 2024. Here, the pair discuss how trusts can offer greater control over your legacy and why expert advice is key when setting these up. Pippa also explains that while a trust may be able to reduce your IHT bill, using it solely for this reason can have underwhelming results. In addition to this, Melinda and Pippa discuss: - How it’s a costly misconception that trusts protect your assets from being taxed - Why a Lifetime Trust may face an Inheritance Tax charge every 10 years after its creation - The complications and responsibilities involved in being a trustee - How a Disabled or Vulnerable Person’s Trust works, and the advantages these offer to protect those with additional needs - How Discretionary Trusts work and why they’re unlikely to stop you or your beneficiaries from paying IHT - Why you shouldn’t rush to place your pension within a trust just yet following the Autumn Budget - Why you should avoid listening to advice that suggests you can place your home in a trust to reduce your IHT burden Chapters: 0:00 - Introduction 1:41 - What is a trust and what is people's general understanding of it? 2:27 - Trusts: Good for controlling finances, but not necessarily for tax 4:05 - The tax implications of trusts (Income Tax, Capital Gains Tax, Inheritance Tax) 6:15 - The challenges involved in being a trustee 6:56 - Can putting money in a trust reduce your Inheritance Tax? 8:31 - What is a Disabled or Vulnerable Person's Trust? 10:08 - What is a Lifetime Trust? 11:58 - What is a Discretionary Trust and can it help you minimise Inheritance Tax? 14:16 - Can you put your pension into a trust? 15:06 - Did the rules regarding tax on trusts change in the Autumn Budget? 16:40 - Why you shouldn't put your home in an "Asset Protection Trust" 17:24 - Closing remarks

In the first episode of Series 2 of the #TVLawyer Podcast, Melinda Giles sits down with Partner and Private Client specialist Caroline Woodham to unpack the key changes to Inheritance Tax law in the Autumn Budget 2024. From changes to Business Property Relief (BPR) and Agricultural Property Relief (APR), to the removal of exemptions for pension funds. Caroline, an expert in Inheritance Tax (IHT) planning, explains the impact of these changes, who may be affected, and steps anyone concerned can take. In this episode, they discuss: - The advantages of the nil-rate band and residence nil-rate band remaining fixed at their current rates until 2030 - How most unused pension funds and death benefits will no longer be exempt from Inheritance Tax (starting from April 2027) - Why this change could mean more estates are subject to IHT than would have been previously - The possibility that pension providers will be responsible for this side of IHT instead of the person dealing with the estate - What the proposed reforms on BPR and APR mean for business owners and farm owners looking to pass assets onto their descendants - The benefits of there being no changes to the rules on gifting or deeds of variation - Why these changes will require more clear, considered and professionally-led IHT planning Chapters: 0:00 - Introduction 1:25 - Did the Autumn Budget change Inheritance Tax thresholds in the UK? 2:53 - Who is affected by Inheritance Tax law? 3:58 - How could pension changes impact your Inheritance Tax planning? 7:00 - What is the typical Inheritance Tax relief for a married individual with children? 8:31 - Who will be responsible for settling Inheritance Tax relating to pensions? 11:04 - What happens to your Inheritance Tax if your estate is worth over £2 million? 12:08 - How has the Budget changed Inheritance Tax reliefs for business and farm owners? 14:14 - The importance of professional Inheritance Tax planning 15:33 - More people are subject to Inheritance Tax than you realise 16:33 - Did the Budget change Deeds of Variation or gifting for Inheritance Tax? 18:47 - Closing remarks