Raworths LLP
Kate Maybury Kate Maybury

Kate MayburySenior Associate

Kate Maybury

Contact Details

DDI: 01423 724617
E: kate.maybury@raworths.co.uk

Background

Born: Sheffield
Education: The University of Sheffield
Previous roles: Ashton Morton Slack Solicitors and Wake Smith Solicitors
Joined Raworths: September 2011

Member of the Society of Trusts and Estate Practitioners (STEP)
Founder and former chair of Probate Group at Sheffield Law Society
Member of the Private Client Section at the Law Society
Education and Training Officer at Harrogate District Law Society
Committee member of Yorkshire Cancer Research

STEP

Kate is a member of the Probate, Wills and Trusts Unit.  Kate specialises in the preparation of wills, providing inheritance tax advice, advice on care home fees, applications to the Court of Protection, Lasting Powers of Attorney, General Powers of Attorney, advising Attorneys and Deputies on their duties, the administration of estates and the administration of trusts.

Examples of matters Kate has advised upon include:

  • The preparation of Wills for a couple who own agricultural, foreign and business property worth several million pounds.  Kate advised upon the most tax efficient way of distributing their estates.
  • The administration of estates for a married couple who died at about the same time as each other.  Their wills involved Nil Rate Band Discretionary Trusts.  Kate dealt with the assets in the estate on behalf of the executors including selling the house and selling share portfolios.  She negotiated the inheritance tax payable on the estates with HMRC on behalf of the executors.
  • Acting as attorney for a lady who was physically unable to deal with her own affairs.  She held a large estate including property, investments and shares.  Kate dealt with everything for her, from paying bills to entering into discussions with independent financial advisers to ensure that the assets were being invested properly.
  • Acting for a lady whose daughter died insolvent.  The client’s daughter had several debts and liabilities and Kate ensured that any funds that were available were paid to the creditors in the correct order to prevent any claims against her client personally.
  • A large estate in which the residue was given to several charities.
  • Applications to the Court of Protection for Health and Welfare Deputyship Orders, Statutory Wills and Trustee Act Applications.
  • The general administration of a local charitable trust which was established in the 17th century.
What advice would you give to an individual who is thinking about preparing their first Will?

The first Will is often the hardest.  They will need to think carefully about who will deal with their estate (their “executors”) and who will benefit (their “beneficiaries”).  They also need to keep in mind the likely value of their Estate upon death.  It is always important that they check the qualifications of the person drafting their Will.

Why do some people instruct solicitors to prepare their wills rather than other will writing organisations?

Will writing is not currently a ‘reserved legal activity’ which means that anyone can write a will and charge for it.  By instructing a well established firm of solicitors, clients can be certain that the person preparing their will has the correct level of training and experience, and that they are insured if anything ever goes wrong.

Is it worth instructing a solicitor to deal with the administration of an estate or can people do it themselves?

Having to administer an estate is something that most people will probably only have to deal with on one or two occasions in their life. It is a big responsibility and can be technical.  People instruct solicitors to relieve the burden of dealing with masses of paperwork, tax statements and accounts at a difficult time in their life.

Why are Lasting Power of Attorney so important?

If you do not appoint someone to act as your attorney, there will be no-one with the authority to deal with your affairs if you lose mental or physical capacity.  No-one will be able to access your bank accounts held in your sole name, settle your bills or deal with your property.

What aspects of your job do you enjoy the most?

I enjoy meeting new people, helping them to make plans for their future and assisting them at what is sometimes a difficult time of life.

Do many people make gifts to charities in their Wills?

Yes they do.  Many people find it hard to make substantive payments to charity during their lives so making provision in a Will is a good alternative.  Gifts to UK registered charities are also free of inheritance tax.

Is it still possible to reduce the level of inheritance tax payable by my estate?

This is a major concern for many people particularly taking into account the rise in house prices during the last decade or so.  Advice on liability to inheritance tax is a fundamental element of the will writing process.  There are still many options to reduce the liability either by the terms of the will itself or by tax planning during your lifetime.