Our Private Client Team
Wills, Trusts & Tax Planning We have one of the leading and largest teams in Newcastle and the North East of England providing advice on all aspects of Wills, Trusts and Tax Planning, Probate & Estate Administration and Mental Capacity & Court of Protection issues. Our clients include private individuals, trustees, entrepreneurs, businessmen, professionals, landowners, farmers, charities, high net worth individuals and foreign nationals. All of our Private Client advisers are professionally qualified and experienced in dealing with the technical and sensitive issues involved in these areas of the law. Independently researched legal guide, Chambers & Partners praises our team for being ‘solid, pragmatic and dependable’.
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Wills & Wills registration Trusts Inheritance Tax Transferable Nil-Rate Band between Spouses & Civil Partners Business Property Relief & Agricultural Property Relief Estate & Succession Planning
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Long Term Wealth & Succession Planning for Business Owners Claims relating to Trusts, Wills & Estates Advising the Elderly Living Wills Estates with Foreign Assets & Domicile Agricultural Law Personal Injury & Compensation Trusts
Six of our Private Client team are members of the Society of Trust and Estate Practitioners (STEP). STEP members help families plan their long term financial future, facilitating good stewardship and financial planning across future generations. STEP members also help families comply with the often complex tax rules surrounding trusts, estates and inheritance.
Probate & Estate Administration Our Probate & Estate Administration services includes:
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Estate Administration / obtaining Probate Intestacy / Letters of Administration Inheritance Tax Business Property Relief & Agricultural Property Relief Transferable Nil-Rate Band between Spouses & Civil Partners
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Disposal of deceased’s house & land Deeds of Variation Estate & Succession Planning Claims relating to Trusts, Wills & Estates Estates with Foreign Assets & Domicile
Agricultural & Rural At Hay & Kilner, we have a team of expert solicitors who provide advice to our clients involved in agricultural land and farming or related rural activities. We provide expert advice on succession planning and inheritance tax issues to our clients involved in agricultural land and farming or related rural activities. Whether you run a large or small family business, a large company or a landed estate we can give you the expert advice you need. We deliver a quality assured service, focusing on your specific requirements, and are committed to securing the best result for you. Our areas of expertise include:
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Agricultural Property and Tenancy Issues The Basic Payment Scheme (‘BPS’) Succession and Inheritance Tax Renewable Energy
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Agricultural Disputes Regulatory & Compliance Rural Leisure Pursuits
We work closely with your other professional advisers, such as bankers, accountants and land agents, to ensure that you achieve the best solution in the most tax efficient manner. We have good relationships with many national and regional organisations and recommend that clients in the rural community need their trusted adviser “team” to all work together for the best results to be achieved. We are members of the Country Land & Business Association (CLA).
Alison Hall Partner & Head of Private Client
Email: alison.hall@hay-kilner.co.uk Alison is Head of our Private Client department with over 20 years’ experience acting for a diverse range of clients including private individuals, business owners, farmers, charities and trustees. She has particular expertise in claiming agricultural and business property relief and the preparation of farming partnership agreements. She also acts in the administration of agricultural estates. Alison offers comprehensive and expert advice on all aspects of private client work including: •
Advising on and drafting Wills
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Advising clients on how to mitigate Inheritance Tax on death by considering the destination of life policies and pension death benefits
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Preparing powers of attorney – including Lasting Powers of Attorney and General Powers of Attorney
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Registering Lasting Powers of Attorney and Enduring Powers of Attorney with the Court of Protection
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Advising on objections to the registration of Powers of Attorney
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Court of Protection matters including deputyships – she acts as a Court appointed deputy for a number of individuals
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Estate planning – including advising business owners / farmers / large families on how to plan for the next generation and pass assets through to the family
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Inheritance Tax planning – including advising on Inheritance Tax reliefs and exemptions
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Estate administration – acting in the administration of estates in situations where a Will may or may not have been left
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She guides the family / beneficiaries through the process of applying for Probate / Letters of Administration and is able to advise on all aspects of sorting out the deceased’s affairs
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Advising on and drafting Deeds of Variation for beneficiaries to redirect entitlement under an estate
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Advising on and drafting trusts – including trusts to protect assets from attack, trusts used to utilise Inheritance Tax reliefs, trusts to earmark assets for the next generation and also shareholder trusts to accompany cross option agreements
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Advising existing Trustees on their obligations and responsibilities and assisting in the administration of on-going trusts, including Settled Land Act trusts
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Advising on the availability of Agricultural and Business Property Relief, drafting farming partnership agreements and providing advice to farmers on succession planning
Alison also works closely with members of our litigation team in situations where a challenge is being made to a Will or estate or other problems have arisen relating to estates and trusts. Alison is experienced in the preparation of employee benefit trusts and shareholder trusts subject to cross option agreements for commercial clients. She also acts as a professional trustee for a number of clients at their request. She also has expertise in agricultural matters and landed estates, such as advising on succession to farms and drafting partnership agreements for farmers. She speaks both nationally and locally on agricultural property relief and is a member of the Country Land & Business Association (CLA) and the Agricultural Law Association (ALA). Alison works closely with her clients’ other professional advisers, such as accountants, financial advisers, stockbrokers and land agents to ensure that the best solution is reached for the client. This solution is not always driven by tax and indeed Alison works hard to ensure that her clients plan not just to save tax but also to put the family in the best possible position going forward. She is a full member of the Society of Trust and Estate Practitioners (STEP) having previously been Chairman of the STEP North East & Cumbria branch. Alison was the President of the Newcastle upon Tyne Law Society during 2018.
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Alison Hall has experience in a wide range of agricultural issues, including the drafting of farming partnership agreements. She is particularly noted for her expertise in APR and BPR, and regularly advises on Inheritance Act cases. She is very client-friendly and technically competent.
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Alice Clewes Partner
Email: alice.clewes@hay-kilner.co.uk Alice is a Partner in our private client department with over 15 years’ experience. She is dual qualified as a Solicitor and a Chartered Tax Adviser. She is also a member of the Society of Trust and Estate Practitioners. Alice advises clients on all aspects of private client work including: •
Advising on and drafting Wills
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Advising clients on lifetime Inheritance Tax planning
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Advising on and preparing powers of attorney and registering Lasting Powers of Attorney and Enduring Powers of Attorney with the Court of Protection
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Estate and succession planning including advising on passing assets to the next generation
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All aspects of estate administration and advising beneficiaries on redirecting entitlements under Deeds of Variation
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Advising on and drafting trusts including trusts to protect assets from attack, trusts to utilise Inheritance Tax reliefs, trusts to pass assets to the next generation and shareholder trusts in respect of cross option agreements
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Advising existing trustees on their obligations and responsibilities and assisting in the administration of on-going trusts
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Alice Clewes assists with estate and succession planning, estate administration, wills and tax matters. I have found her very knowledgeable, helpful and accurate. She is clearly on top with her technical advice and assistance and she has an excellent rapport with clients.
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Nicola Matthews Partner & Head of Family
Email: nicola.matthews@hay-kilner.co.uk Nicola is a Partner and head of the Family department at our Newcastle office. With over 22 years’ experience, Nicola has a high level of knowledge, skills and experience in the area of family law, her specialism being high value & complex divorce cases. Nicola is a Law Society Family Law Advanced panel member with specialisms in Ancillary Relief and Complex Assets. She is a mediator so can assist and guide both parties to try and find their own solutions. She is also a qualified collaborative family lawyer, so can advise and assist clients who wish to try and reach agreements with the other party and their representative by a series of round table meetings. Nicola is named as a “leading individual” in this area of law in Chambers Guide and recommended in The Legal 500, both independently researched guides to the UK legal profession. Nicola is also a Court of Protection appointed Deputy who looks after the property and finances of persons who do not have the mental capacity to manage their own. When someone has lost capacity without the safeguard of a Lasting Power of Attorney, she helps family and friends with applications to the Court, to become legally entitled to deal with the incapacitated person’s finances.
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The service Nicola Matthews provided was amazing. I was always given sound advice and never had to ‘chase’ for any information. Nicola made me feel at ease at such a stressful time. I would have no hesitation in recommending Nicola.
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Richard Marshall Solicitor
Email: richard.marshall@hay-kilner.co.uk Richard is an Associate Solicitor in our Private Client team with over 7 years’ experience. Richard works closely with private individuals, business owners, farmers and trustees on all aspects of private client work. He is a member of the Agricultural Law Association, and a full member of the Society for Trust and Estate Practitioners (‘STEP’) and the current Secretary of the North East and Cumbria Branch of STEP. Richard’s areas of specialism include: •
Advising on and drafting Wills, to incorporate Inheritance Tax planning (both on death and during lifetime);
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Providing succession planning advice for farmers, land owners and business owners, including Inheritance Tax advice relating to claiming Business Property Relief and Agricultural Property Relief;
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Preparing powers of attorney (including Lasting Powers of Attorney and General Powers of Attorney) and providing advice to those acting as Attorneys;
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Advising on and drafting Trusts (both those created during lifetime and on death), including advice on the tax implications and tax treatment of the same;
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Providing specialist advice to Trustees and beneficiaries of Personal Injury Trusts, Trusts for Disabled Beneficiaries and Trusts for the protection of assets;
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Advising Executors and Administrators in all aspects of the administration of estates on the death of an individual (commonly referred to as ‘Probate’); and
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Advising beneficiaries of gifts made by way of Will or Intestacy, and in particular the redirection entitlements under Deeds of Variation
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Richard focused on our wishes to draft our Wills. He patiently answered all of our questions to produce the final Will to our complete satisfaction. The service he provided was excellent and he has a very welcoming nature.
Rachael Leathley Solicitor
Email: rachael.leathley@hay-kilner.co.uk Rachael qualified as a Solicitor in September 2014 and has since gained experience in a variety of Private Client matters. Rachael joined the firm’s Private Client team in February 2017 and provides advice and assistance in relation to the following: •
Wills including those involving agricultural & business property, Life Interest Trusts and Discretionary Trusts;
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Succession planning and asset protection during a client’s lifetime;
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Preparing and registering Lasting Powers of Attorney and General Powers of Attorney also registering Enduring Powers of Attorney;
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Advising Deputies and Attorney’s in respect of their role and responsibilities in the administration of an individual’s affairs;
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Assisting Personal Representatives in the administration of estates to include obtaining Grants of Probate/Letters of Administration, accounting to H M Revenue and Customs for Inheritance Tax purposes and where appropriate claiming Inheritance Tax reliefs;
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All aspects of Trusts and Trustee powers.
Rachael is a committee member for the women’s fund – a charitable fund managed by the community foundation which provides grants to various charitable projects supporting women in the region. Rachael is an affiliate with the Society for Trust and Estate Practitioners (STEP). She is currently studying towards the STEP Diploma, being a highly specialist qualification in this area of work.
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Very satisfied. Rachael Leathley was not only very competent at her job, but very friendly. She’s a credit to your firm. Thank you
Emma Etherington Senior Paralegal
Email: emma.etherington@hay-kilner.co.uk Emma is a Senior Paralegal with over 15 years Private Client experience. Emma advises private individuals on all aspects of private client work including: •
Advising on and drafting Wills
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Advising on estate and succession planning either during a client’s lifetime or through their Wills (to include Inheritance Tax planning)
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Preparing powers of attorney – including Lasting Powers of Attorney and General Powers of Attorney
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Registering Lasting Powers of Attorney and Enduring Powers of Attorney with the Office of the Public Guardian
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Advising clients in the administration of estates to ensure Personal Representatives fulfil their responsibilities and obligations, including obtaining Grants of Probate/Grants of Letters of Administration and accounting to H M Revenue and Customs for Inheritance Tax
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Emma is also a STEP Affiliate member
Emma has a ILM Certificate in Charity Legacy Administration with the University of Law. Emma works alongside FACT – fighting all cancers together to assist with any legal advice that they may require in respect of Lasting Powers of Attorney, Wills and Trusts.
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I cannot fault the friendly expert guidance we were given which made the process of drawing up Wills so easy. Dealing with Emma Etherington of H&K gave us the confidence that our Wills were just as they should be. Forget the Internet, you need a human approach when dealing with these very important documents.
Tom Bridge Solicitor
Email: tom.bridge@hay-kilner.co.uk Tom is a Solicitor and joined our Private Client team in September 2019 having successfully completed his Training Contract with the Firm. Tom graduated from Newcastle University in 2015 with First Class Honours in English Language. He then undertook his Graduate Diploma in Law where he was awarded a commendation in 2016, and his Legal Practice Course with a combined Masters in Law where he gained a distinction in 2018. Tom has previously worked in our Clinical Negligence, Commercial Property and Family teams. Tom advises individuals in relation to the following private client work: •
Advising on and drafting Wills
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Advising clients in relation to lifetime gifts (both those to individuals and in to trust)
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Preparing and registering Lasting Powers of Attorney with the Office of the Public Guardian
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Advising clients in the administration of estates to ensure Personal Representatives fulfil their responsibilities and obligations, including obtaining Grants of Probate/Grants of Letters of Administration, together with accounting to H M Revenue and Customs in relation to Inheritance Tax
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Advising beneficiaries of estates in relation to their entitlement and redirecting entitlements under Deeds of Variation
Tom is a mentor for various University students at both Newcastle University and Northumbria University. He is also a member of the Junior Lawyers Division and the Young Professionals Forum and has completed his Professional Skills Course.
What others say about us
performance has “Their been very impressive.
& Kilner attracts clients who “ Hay appreciate its attentive service.
What I like most is that their advice is down to earth and practical
Clients are drawn by the quality of advice and strength of the lawyers, who always treat clients as individuals, and with respect
The Legal 500
Chambers & Partners
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can trust the highly “ Clients respected, competent, skilled
and friendly team to do a very good job
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The Legal 500
knowledgeable with “ Very a down-to-earth attitude
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and have excellent skill sets Chambers & Partners
The Legal 500 and Chambers & Partners are independently researched guides to the UK legal profession
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Hay & Kilner Merchant House, 30 Cloth Market Newcastle upon Tyne NE1 1EE www.hay-kilner.co.uk 0191 232 8345