David Maxwell

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David qualified as a solicitor in Scotland in 1990 and practiced there for several years before requalifying in 1996 as an solicitor in England where he has specialised in private client law for the past seventeen years.

He advises mainly on Wills, inheritance tax planning, Powers of Attorney, and winding up estates and has particular experience in winding up estates with an international element.

David also holds power of attorney for a number of his older clients who have confidence in him to manage their finances and healthcare issues in a responsible and caring manner.

Recent examples of work undertaken by David :-

Acting in administration of high net worth estate with assets in various jurisdictions – successfully arguing case with HMRC that one of the bank accounts containing approximately £0.5m was in fact the subject of a resulting trust. After almost a year of discussions with the inheritance tax they accepted our position as a result of which the funds in the bank account were not subject to inheritance tax, saving the estate close to £200,000.00.

Acting for one side of a family where the father died without a Will leaving two families by different mothers -the other side of the family appointed a succession of different firms of solicitors and our brief was to oversee the administration and ensure that no assets were hidden and that all parties received their entitlements. The two sides of the family did not get along, however, by careful management we ensured that relations did not deteriorate further and the estate was wound up within a reasonable time frame despite the lack of trust between the parties.

Acting for an elderly widow who had returned to the UK after many years in the United States – this lady had no children and was concerned what might become of her if she were to fall ill. We carefully discussed her concerns before she appointed gave me power of attorney over her finances and also over her health & welfare. We included a specific clause regarding what kind of nursing home she would wish to be placed in should it come to that and a further clause stating that she should be visited at least once a month by either me or another member of the firm mainly to ensure oversight of her care and to  make it clear to the nursing home management that there was somebody looking out for this lady’s interests.

Preparing a complex Will – including a discretionary trust for the testator’s niece with mental health problems along with a separate letter of wishes to the trustees providing a source of funds for the niece without affecting her state benefits.