Senior Associate Solicitor
Herman Cheung joined RIAA Barker Gillette (UK) from Hanne & Co. Solicitors LLP in October 2023 and specialises in private client law, working closely with our head of department, James McMullan.
From the outset, Herman spends sufficient time with his clients to fully understand their needs and ultimate objectives. Herman’s clients include individuals, HNWIs, families, trustees and overseas clients. He has worked on a variety of estates, including estates where the deceased had a non-UK domiciled status, multiple foreign properties and estates involving substantial lifetime gifts.
Herman’s experience includes (but is by no means limited to):
· Court of Protection applications
· Declarations of trust
· Enduring powers of attorney
· Estate administration
· Estate planning
· Inheritance Tax
· Lasting powers of attorney
· Lifetime gifts
· Living wills
· Probate and contentious probate
· Trusts
· Wills
On contentious matters, Herman advises his clients on the benefits of complying with the ACTAPS code, which encourages the resolution of disputes without hostile litigation. However, if litigation becomes necessary, the Code recommends exchanging all relevant information before litigation begins to simplify and maximise its outcome.
Herman Cheung is a Trust and Estate Practitioner (TEP) member of the Society of Trust and Estate Practitioners (STEP) and an accredited member of The Association of Lifetime Lawyers. Herman is also a Dementia Friend. He is studying with the Chartered Institute of Taxation to become a Chartered Tax Adviser.
BA (Hons) Business Management, University of Wolverhampton (2006)
Graduate Diploma in Law, LL.B, and LPC, College of Law (2007-2009)
PSC, BPP Law School (2010)
Solicitor of England & Wales (Admitted 2011)
STEP Diploma in Trusts and Estates, CLT International (2014)
Association of Contentious Trust and Probate Specialist (ACTAPS) Course, The University of Law (2016)
Languages: Cantonese and English
Expertise
Articles
What are trustee responsibilities? A guide to key duties and best practices – December 2024
Protect vulnerable people from fraud – September 2024
RIAA Barker Gillette UK urges families to plan ahead to minimise Inheritance Tax – August 2024
Legal jargon in wills: understanding your will – July 2024
Inheritance disputes on the rise – April 2024
Key aspects of the Chancellor’s March 2024 Spring Budget – March 2024
We’re proud to support Update Your Will Week 2024 – 4 to 10 March 2024
Why make a will? – February 2024
Six Common Inheritance Tax Myths – December 2023
Charities, gifts and inheritance tax – December 2023
Can you obtain an Emergency Power of Attorney? – November 2023
Protecting your business should you lose mental capacity – October 2023
Estate planning for blended families – August 2023
The Intestacy Rules Update – July 2023
Step-families and succession planning – June 2023
When is a gift of the family home, not a gift? – April 2023
Home visits for wills, LPAs and other sensitive topics – February 2023
What is a trust? – November 2022
HMRC deadline dispensation for trustees – October 2022
The benefits of having a will – August 2022
Why make a lasting power of attorney? – August 2022
HMRC impose new obligations on trustees – August 2022
Protecting your digital memories – July 2022
Powers of Attorney – making your wishes clear – July 2022
Not just for a rainy day – June 2022
Inheritance Tax account IHT100 forms changes – June 2022
What are your children’s inheritance rights? – April 2022
The effects of Covid-19 on inheritance tax – February 2022
Declarations of trust
It is important to record any property ownership arrangement in a legally binding document to safeguard your position. Herman drafts and negotiates declarations of trust, ensuring your interests are protected.
Estate planning
Herman takes a detailed forensic approach, ensuring your assets are structured in a tax-efficient way so that they pass safely to the next generation. He can advise extensively on tax-related issues.
Intestacy Rules
Lasting powers of attorneys (LPAs)
Herman completes and registers health and welfare LPAs and property and financial affairs LPAs, allowing you to choose who deals with your affairs instead of the Court of Protection appointing a deputy, which can be time-consuming and costly. Herman will advise you of the relevant safeguards, which you can include in an LPA to minimise the risk of financial abuse or exploitation.
Probate
Probate: Herman assists personal representatives in administering all types of estates. He understands that dealing with the legal and administrative responsibilities of their appointment can be daunting, especially when they are unfamiliar with the probate process. Herman can:
- Provide general advice to personal representatives
- Advise on the terms of the will or the intestacy rules
- Complete inheritance tax accounts and apply for any reliefs available
- Complete an application for a Grant of Probate
- Collect assets and distribute them as per the will or intestacy rules
- Create Estate Accounts recording the administration and distribution of assets
Contentious probate: Herman advises on contentious probate and trust disputes. ‘Contentious probate’ refers to a dispute following somebody’s death. This could be anything from a dispute regarding the validity of a will to a claim regarding financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
Wills and living wills
Wills: As a qualified solicitor and TEP, Herman Cheung will ensure your will is drafted and documented in line with your wishes and that you have considered all tax advantages before your will is properly signed and executed (a common cause of wills disputes).
A properly drafted will gives you peace of mind and can protect your loved ones from potential disputes after you have gone. As well as setting out where you want your assets to go, you can appoint guardians for your children and continue to support specific people.
Living Wills/Advance Directives/Advance Decisions: It is essential to talk about what will happen when you die, but it is also important to think about the process of dying. Herman provides living wills that explicitly set out a care plan confirming your wishes to refuse or consent to specific invasive treatments such as CPR or mechanical ventilation.
