Our Estate Planning team advise on wills, probate and estate administration, lasting powers of attorney and inheritance tax planning.
In our first interview with the team, we meet Partner and Head of Estate Planning Conall Ryan.
Name: Conall Ryan
Job title: Partner
What’s your role in the Estate Planning team, and what does a typical day look like for you?
Every day is different but it can include meeting a client to discuss their will and/or Lasting Power of Attorney instructions, arranging a capacity assessment for a client to try to protect their wishes, chasing HM Revenue and Customs for updates on an estate where there is inheritance tax payable, chasing the Probate Registry for a Grant of Probate application, meeting clients whose loved one has just passed away or going to a deceased person’s house to sort through their paperwork and assisting with the administration of their estate.
What’s been your proudest moment professionally?
Winning the Devon and Somerset Law Society Chartered Legal Executive of the Year 2023. It was an honour to be nominated and to be shortlisted, but collecting my award from Shaun Wallace, “the Dark Destroyer” from TV’s The Chase, was an added bonus having been a fan of the show for a number of years. It was recognition for how I had progressed in my career and for the service I give to my clients.
What’s one piece of advice you often give clients?
No question is a silly question – just ask.
What’s your approach to tailoring advice for clients with complex family or financial arrangements?
I make sure clients feel at ease when meeting with me, so they provide me with all the information I need to be able to properly assist them. I ensure that they know why I am asking the questions, which can feel very intrusive, so I can tailor the advice to them.
Can you share a moment when you felt your work made a real difference to a client or family?
I assisted a client with preparing his will. He was single, had no children, and did not wish for his relatives to inherit his estate. Although he had several friends, one in particular stood out — someone he regarded as a son and who had supported him for many years. This friend had a young family, and the client had played a meaningful role in their lives. He wanted to ensure that this friend would inherit his home and the majority of his assets, so he would have a secure place to raise his family.
I was aware the will may be contested, so I arranged for the client to have a capacity assessment by a professional assessor, and heavily documented why he was making those choices.
The friend who inherited was very thankful I had put those measures in place.
How do you support families during the probate process?
I act with empathy and show an understanding that everyone deals with grief in different ways. I like to build trust with my clients so they feel more comfortable to tell me about the person who has died, if they chose to.
I am clear about the process from the beginning. I explain that there is a lot of information we go through at the start and that dealing with an estate can be lengthy. However, if they decide to appoint us, we can guide them through this and keep them updated as matters progress.
What’s one common challenge clients face when preparing a will, and how do you help them overcome it?
Very often clients know who they want to benefit from their estate, but are unsure how best to do this. They worry that their estate might go up or down in value and so I discuss with them all the possible options they have and see what they are trying to achieve. This way, we can prepare the will exactly to their wishes.
What’s one misconception people often have about wills or probate?
Some believe you do not need a Grant of Probate if you have a will. Although certain assets can be claimed without a Grant of Probate, and joint assets pass by survivorship, most banks and building societies will require a Grant of Probate if the balance of the accounts held are over a certain amount. A Grant of Probate will also be needed if the deceased owned a house in their sole name.
What’s the most common myth about Lasting Powers of Attorney (LPAs)?
People often think that as soon as you sign an LPA, you lose control over your finances or health and welfare, and that they only need to be done at the point you need help.
The law around LPAs gives the client as much support as possible to enable them to make that decision themselves. Every decision is looked at individually, so whilst they may be able to make a very simple decision, it could be that they couldn’t for something more complex.
Some clients may chose to have a Property and Financial Affairs LPA even if they have no need for a capacity assessment. If a client struggles with mobility or hearing, this can benefit them to remove the burden and struggle of appointments and telephone calls. They remain in control, telling who they have appointed what they want them to deal with and how, without relinquishing full control permanently.
If you could change one thing about how people approach estate planning, what would it be?
To plan ahead, and not to assume that LPAs are only for older or terminally ill people.
Lasting Powers of Attorney take time to register, and they cannot be used until they are fully registered. It is important to do them at any age to avoid complex situations if the worst happens. Sadly, my experience included a situation where a young, fit and healthy man had a heart attack and was in a coma. He did not have LPAs in place, and, at a very emotional time, the family had to apply for a Deputyship, which took months to sort, cost several thousand to get, and caused them a lot of stress.
By coming in to discuss a will, we have the opportunity to talk to clients about all sorts of matters, leading to better planning for protecting assets, including in second marriages or through tax planning.
It is not the most joyful subject, but by doing so, it can make things a lot easier for your loved ones.
Contact our Estate Planning team for personalised and empathetic advice on your matter. Ask about our Will and LPA packages.