May 2023 - Lawson West

Using Trusts to Pay For Care Home Fees – a good idea?

Posted on May 31, 2023June 5, 2025 by Mike

Over the years, we have seen an increase in the public awareness of the cost of care and increasing inheritance tax bills. Unfortunately this increased knowledge leads to increased fear, and we often see people taking steps to try and make things easier for their loved ones in the event that they lose capacity or leave an inheritance tax bill behind, often at a great expense.

“Family Protection Trusts” are typically advertised as a way of avoiding inheritance tax and/or care fees, depending on the circumstances in which they are set up (and the timing). This type of trust is usually called a “discretionary trust” meaning that the Trustees who manage the trust have wide powers to decide who should benefit from the assets held in the trust (whether that’s property, cash, or something else).

Unfortunately these trusts are not always suitable, and advice is needed from an experienced practitioner to be able to advise on the pros and cons, and come to a conclusion about whether or not this type of trust is suitable for a particular person.

When is a Family Protection Trust suitable?

At Lawson West we generally advise against this type of trust, except in very limited circumstances.

Most people can pass on £325,000 to their loved ones when they pass away. In some cases this goes up to £500,000, meaning that a couple could leave up to £1m to their children/grandchildren when they die. In our experience, this means that the majority of people living in Leicestershire will never pay inheritance tax.

Local authorities know that people want to avoid paying care fees and so they can simply ignore any gifts or transfers into trust where the sole or main purpose was to avoid having to pay for care. This means that trusts, or outright gifts, often do not help a person to avoid having to pay for their care (if required).

Also by placing your property into a trust, you are giving up the right to do what you like with it. Think of it as a gift, but it’s a gift to a trust instead of a gift to another person – if you make a gift then you no longer have control over what the recipient does with it. That means that in the worst case scenario, you could be prevented from making adaptations, doing large repair work, or you could even be forced out of the property.

How can Lawson West Solicitors help?

Sophie Forsyth, TEP, Associate Solicitor
Lawson West Solicitors, Leicester

Our team has over 80 years of experience combined and includes two full members of the Society of Trust and Estate Practitioners (STEP). That means you are in safe hands when discussing your matter with us, whether trust-related or otherwise.

We would be happy to have a chat with you about your circumstances and whether this type of trust might be suitable for you. You can give our friendly team a call on 0116 212 1000 or 01858 445 480 or you can Contact Us and leave a message for us to contact you in confidence.

Please note that we can only offer advice regarding English trusts, not those set up in Scotland.

Wills: can Executors charge for their services?

Posted on May 19, 2023June 5, 2025 by Mike

Being named as an Executor of a Will can be a daunting task. It’s a job that can require significant time commitments, and so the question is, can you charge for undertaking such a role.

Lay Executors

A ‘lay executor’ is someone not acting in a professional capacity when named as an executor. The role of a lay executor is an unpaid position, and the only financial reimbursement is that of reasonable expenses.

Examples of reasonable expenses include, but are not limited to, fees for death certificates, probate court fees, and house clearance fees. If an executor decides to save money by doing a task themselves, such as clearing the house for example, the money saved does not belong to the executor, and would simply remain in the estate.

The term ‘reasonable’ is often left to the executors and beneficiaries’ discretion. If a beneficiary is concerned that an executor is claiming above and beyond what would be expected, they can look to dispute this in order to ensure the estate funds are being managed correctly.

A lay executor can also be named as a beneficiary in the Will. If the loved one who named them as an executor includes a gift in their Will to compensate for the time and effort, this is a recognised way in which an executor can be rewarded for their efforts. This is not compulsory, however, and remains entirely at the discretion of the testator.

Professional Executors

A professional executor, such a solicitor, can charge for their services as an executor. A professional executor usually offers a higher degree of both knowledge and experience, and this is why the services are chargeable.

If beneficiaries are not in agreement with the fees charged, they may request the professional to step down from their role as an executor, and look into alternative ways of managing and administrating the estate.

Professional executors can also reclaim reasonable expenses, should these be incurred.

Charging Clause

A Will may include a charging clause which allows the executors to charge for their time spent undertaking their role. A charging clause is usually only included for professional executors; however, it is possible for provisions to be included for lay executors.

In terms of a professional executor, it is not a requirement that a charging clause be included in the Will, but if a testator wishes to specifically detail it, they can.

As a general rule, it is very rare that a lay executor can charge for their time, and any financial reimbursement should be limited to reasonable expenses only.

Beneficiaries of an estate are able to challenge the fees and also the conduct of the executors. Both professional executor and lay executor would therefore need to ensure that they act in accordance with their duties and in the best interests of the estate they are appointed to administer. It is good practice for the executors to retain evidence of their expenses in the event the beneficiaries raise issue with regards to the same. To avoid a potential dispute arising in the future and where executors are in doubt, they should invite the beneficiaries to agree their fees in advance.

If you are looking for advice on any potential claims in respect of an executor, or simply wish to seek assistance on the initial steps, please contact our Dispute Resolution Team here.

If you are looking for advice on the appointment of an executor, or simply with to seek assistance with your Will, please contact our Probate, Wills and Trusts Team here.

Employment Law: changes to Retained EU Law (Revocation and Reform) Bill & impact

Posted on May 17, 2023May 9, 2025 by Mike

On 10 May 2023, the government has announced proposals for change to retained EU employment law and their intention to make a significant change to the Retained EU Law (Revocation and Reform) Bill (‘the Bill’).

Vaishali Thakerar, Director
Head of Employment, Lawson West Solicitors

The proposals have been set out in the policy paper referred to as ‘Smarter Regulation to Grow the Economy’. This paper notes that the government is taking the ‘opportunity to improve regulation following our departure from the EU’, while maintaining UK labour standards.

The proposed changes, in summary, are:

Working time– the removal of the requirement for employers to keep working time records for their workers.
Statutory holiday – permitting ‘rolled-up holiday pay’ and merging ‘basic’ and ‘additional’ leave entitlements into one.
TUPE– The removal of the requirement to elect employee representatives for the purpose of TUPE consultation for businesses with fewer than 50 employees and transfers affecting less than 10 employees, allowing businesses to consult directly with the affected employees.
Non-compete clauses – Limiting the length of non-compete clauses to three months.

Firstly, a significant change to the Retained EU Law (Revocation and Reform) Bill which states that EU law that would have been automatically revoked on 31 December 2023 unless it was expressly retained is no longer applicable. Instead, now the reverse applies, so the current laws remain binding unless and until they are revoked. The government hopes this will provide some certainty for businesses, and while it commits to reviewing and amending EU laws, this new position allows for more time for proper assessment and consultation.

Secondly, the government has announced regulatory reform announcements specific to employment law in the areas that the working time and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply:

The UK’s Working Time Regulations 1998 (WTR) are derived from EU Law, whilst this provided valuable protections for workers it as been perceived as complicated and hard to understand. The reforms to the WTR were high on the government’s agenda post-Brexit. The announcement about reforms in this area is limited on its detail but appears limited to changes aimed at reducing the administrative burden around employers’ recording keeping requirements and to holiday entitlements and pay. There is no suggestion of any reduction to holiday entitlements. The government also intends to permit the use of rolled-up holiday pay, and to reduce the complexity and administration around how holiday pay is calculated. It is unclear what is actually meant by this, but as the calculation of holiday pay has become particularly complicated in recent years following case law on the inclusion of commission and overtime, this is one area where reforms will be welcomed by workers and businesses alike.
The TUPE rules are similarly derived from EU Law, and while the government recognises that TUPE provides valuable protections for workers who work in businesses or services which transfer elsewhere, it intends to consult on changes to the information and consultation requirements. Under our current rules, there is an obligation to consult with elected representatives on all TUPE transfers unless the micro-business exemption applies (i.e., where the employer has fewer than 10 employees). However, in an attempt to reduce the burden on employers, the government will consult on removing these requirements for employers with fewer than 50 employees and transfers of fewer than 10 employees.

The announcement is referred to as the first in a series of regulatory reform announcements, and so we cannot rule out more proposed reforms affecting UK employment law in due course. hear more about the consultations on the WTR and TUPE proposals, or any other planned changes.

If you would like to seek legal advice on a particular matter, contact the Employment Team at Lawson West Solicitors today.

With offices in Leicester and Market Harborough, we are a national provider of expert employment law advice and welcome a free discussion with you.

Please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete our Contact Us form and we will get in touch as soon as possible.

Let’s Discuss Men’s Mental Health

Posted on May 15, 2023May 9, 2025 by Mike

Men’s recognised health issues in the workplace include prostate cancer, testicular cancer, heart disease, early death and mental health issues. During Mental Health Awareness Week, we discuss men’s mental health at work.

Men’s Mental Health is an issue

One area which is becoming more openly discussed is men’s mental health. The last couple of years have been difficult for many but have men suffered in silence? Some say mental health issues in men have risen dramatically, particularly during the Coronavirus. Whilst there is no evidence yet published that suggests suicide has increased in males, it is a view that the uncertainties in this ‘new world’ have created greater distress and a feeling of isolation.

Ashley Hunt, employment law adviser and specialist says:

“I have personally seen and felt a real shift in the way Mental Health is considered. In running Employment Tribunal claims it has become more noticeable that men are speaking out more to their employers when they have mental health issues which then enables them to seek help and support for the condition they are suffering from. However, there are still many instances where men do not feel comfortable talking to others, including their employers about a mental health issue, perhaps for reasons of embarrassment, privacy, or even a lack of acceptance that they made need help.

Society is now encouraged to be more open about the way men feel, difficulties they are experiencing and to speak out. But despite the more openness and society’s praise of those who speak out about their experiences, men are still somewhat behind. It is considered that men still very much believe opening up about mental health is not something men openly rush to do”.

Why is this?

While mental illnesses affects both men and women, the prevalence of mental illnesses in men is often lower than women. Men with mental illnesses are also less likely to have received mental health treatment than women in the past year.

Men are more likely to die by suicide than women, according to the Centers for Disease Control and Prevention
In 2019, 76% of suicides in England and Wales were men (ONS Sept 2020). In 2020 there were 5,224 registered suicide deaths of men and women, of which, around three-quarters were for men (3,925 deaths; 75.1%).
Suicide is the biggest killer of men under the age of 45.
In 2020, males and females aged 45 to 49 years had the highest age-specific suicide rate at 24.1 per 100,000 male deaths (457 registered deaths) and 7.1 per 100,000 female deaths (138 deaths).

Often the pressure on men to succeed and be strong can be immense. Recognising the signs that you or someone you love may have a mental disorder is very important as this is the first step for them in seeking help and treatment, whether it is work or stress-related, depression, grief, anger management, paranoia, mental health trauma relating to alcoholism or substance abuse, feelings of inferiority, anxiety, sexual abuse or relationship violence, as well as bipolar and other more serious mental health conditions.

Men who have identified that they might have a mental health concern should confide in someone close to them and try to discuss it, maybe a doctor, friend or partner. If they find it incredibly difficult to speak about, they should ask for a doctor’s referral to a mental health professional consultant and seek proper advice and relevant treatment. It can really help to seek an external viewpoint and it could save someone from thinking that their only option is to end their life. Finding out more about the charity MIND can also help men to see that they are not alone with mental health issues and there is a whole network of support out there.

Why don’t men talk more about mental health?

A big factor in this issue is the damaging stigma around mental health problems. One in four people experience a mental health problem each year, yet the stigma around them is greater than with physical illness. This stigma tends to affect men disproportionately, and social expectations and traditional gender roles are thought to play a big part in this. The concept of ‘manliness’ as being strong and in control can mean it is seen as a weakness to ask for help. If men feel a pressure to appear strong, this can stop them from opening up. This can both cause and exacerbate mental health problems. For this reason, government bodies and charities, such as Movember, are working to change societal concepts of masculinity in relation to mental health and asking for help.

It’s time to open-up

If social pressures often mean men are finding it hard to open-up and discuss their feelings of vulnerability or seek help, how can this be changed? Our hope is that event’s such as International Men’s Day not only celebrates the value men and boys contribute to society but encourages men to value themselves and talk more openly about their mental health.

Seek help

If you have been affected by the issues in this article, contact a UK charity who can help:

Get Help Now See more advice from the national charity MIND.

If you are experiencing issues at work due to your mental health condition and would like to speak to a non-judgemental person who understands and can listen, with the skills to create a sensible dialogue between you and your employer (if you need support in the workplace), please contact employment solicitor Ashley Hunt ahunt@lawson-west.co.uk. Initial discussions are 100% confidential and free of charge.

Month: May 2023