Carmarthen Journal

Leaving Assets To A Vulnerable Loved One?

In our Ask The Legal Expert column we get the latest specialist advice from JCP Solicitors. This month Sean Boucher, an Associate Solicitor, based in JCP’S Carmarthen office, discusses Trusts.

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I want to make a Trust as part of my Will, allowing my sister to look after the interests of my son, who has some addiction problems, so he cannot deal with money well. He and my sister are close, but she feels she would need some support in this role. What would you suggest? This is a common scenario and a Trustee’s role involves quite a bit of responsibi­lity, so it is a good idea to choose Trustees with different skills (often you would need to have at least two trustees) and bear in mind that your Solicitor can be one of those Trustees. I can understand why you would want a close family member to offer continuity and reassuranc­e to your son but having a Solicitor in the mix might be a sound choice, since they would be impartial.

Having profession­al trustees can also help reduce the chance of clashes of opinion when the Trust is being administer­ed, for example if you have a blended family. Clearly, it helps to have a legal profession­al on board too when you have to make decisions within a legal framework.

There’s no limit to the number of Trustees you can appoint, and it is sensible to think about the kind of expertise different people might bring to the table, but they need to be unanimous in their decision-making. So it is a good idea to choose trustees who can work well together.

Trusts come in many forms, and they can be used to protect money and other assets for beneficiar­ies under a variety of circumstan­ces.

A Trust is simply a way of managing assets. The parties involved in a Trust are; The Settlor – the person who sets up the Trust by putting the money or property into the Trust, the Trustees, who are the people you entrust to look after that money or property, and the Beneficiar­ies, the person or people who you wish to benefit from that money or property

Trusts can be useful for a number of scenarios. They can be used to protect vulnerable beneficiar­ies, and it may be that the Beneficiar­y will never be able to manage their own finances. In this case we can help you to set up a Trust that lasts for the lifetime of the Beneficiar­y and protects their interests. Trusts can be straight-forward tools, but they must be tailored to suit individual circumstan­ces, so they function well. It is important to seek expert legal advice from a specialist as Trusts have tax and other legal consequenc­es that can trap the unwary.

The question is based upon a hypothetic­al situation.

In our Ask The Legal Expert column we get the latest specialist advice from

JCP Solicitors, which has an office in Carmarthen. This month, Natasha Johnston, HR advisor in JCP’S HR Team, discusses an issue around employment contracts that has been highlighte­d by a recent media story. Employers and employees may have noticed a story in the media about high profile firm, Pimlico Plumbers, which is allegedly planning to rewrite its workers’ contracts to require them to have the Covid-19 vaccinatio­n if it is safe for them to do so.

From an employment law perspectiv­e, this issue is complex. Rewriting contracts with existing workers and employees is something that should be done collaborat­ively, following strict protocols and practices, not simply delivered as a fait accompli. Legally, companies cannot force employees to take a vaccine as individual­s have the Human Right to refuse medical treatment. People who refuse vaccinatio­n and are subsequent­ly dismissed may have grounds to make a legal claim.

However, clearly, when it comes to receiving the vaccine, there are different thresholds of need in every sector. If, as an organisati­on, you operate within the social care sector, for example, you may be able to successful­ly argue it is a ‘reasonable management request’ for employees to be vaccinated on the basis that Covid-19 poses a serious risk to the vulnerable people you care for.

As an employer, you should consider which teams you deem to need the vaccine in order for your operations to function. Assess what action you would want to take if staff refuse vaccinatio­n would it be a disciplina­ry matter, or could you offer them an alternativ­e role?

It is important to note that such an instructio­n might not be deemed reasonable and any process you follow to manage the fall-out of a refusal must be fair and based on individual circumstan­ces. You must carefully weigh up the fact that an employee who refuses the vaccine could argue there is a discrimina­tory issue to consider such as: t "HF JG FNQMPZFFT BSF OPU DPOTJEFSFE to need to be vaccinated for their duties and offered it irrespecti­ve of the NHS roll out system t %JTBCJMJUZ JG UIFZ BSF BEWJTFE OPU UP have it due to a medical condition, have documented reactions to vaccinatio­ns or they have an extreme phobia that causes anxiety around vaccinatio­ns/needles t 4FY QSFHOBODZ BT PVUMJOFE JO UIF example above and t 3FMJHJPO PS CFMJFGT JG UIFZ BSF BEWJTFE not be vaccinated by a religious leader, or if they are anti-vaxxers and hold this as a philosophi­cal belief

5IFSF BSF BMTP QPUFOUJBM %BUB 1SPUFDUJPO issues. Vaccinatio­n records are sensitive personal informatio­n - you should weigh up why you need to hold such informatio­n and how you will safeguard it.

We are in the very early days of the roll-out and anxieties are running high. An employer needs to be able to show that vaccines are a necessity from a health and safety standpoint in order to justify disciplina­ry action or treating employees differentl­y if they are not vaccinated. It is likely an employer would also need to show they have exhausted all other measures to protect the health and safety of staff and those they come in contact with, before they could reasonably justify mandating the vaccine to protect staff. If you want to make it a job requiremen­t to have vaccinatio­ns this would need to be written into employment contracts and you would need to go through a contract variation process to make this amendment after the fact.

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 ??  ?? Sean Boucher - Associate Solicitor
Sean Boucher - Associate Solicitor
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 ??  ?? Natasha Johnston - HR Advisor
Natasha Johnston - HR Advisor

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