How Legal Services Can Protect the Armed Forces Community
At Bridge McFarland LLP, supporting the armed forces community isn’t just a commitment – it’s personal. With members of our team coming from military families, we understand the unique challenges service members and their loved ones face, and how important it is to ensure members of the armed forces community, past, present, and their families receive the support they need both during and after their military careers.
There is a long-standing military history across Lincolnshire and East Yorkshire. From RAF bases such as RAF Coningsby, RAF Scampton, and RAF Waddington to the Army presence at Beckingham Camp and the naval heritage of the region, our local community is home to thousands of serving personnel, veterans, and their families. As an established local law firm, with a history spanning over a hundred years, we understand the unique challenges faced by military personnel in legal planning. We also know how important it is to be aware of the legal support available.
Whether you’re currently serving, recently retired, or a military veteran, there are several areas of law where specialist advice can make a real difference to you and your loved ones.
How Can Bridge McFarland Provide Tailored Legal Support for Military Families?
Being in the Armed Forces often creates legal complexities that civilian families may not need to encounter. Additionally, the unique risks associated with military service make it especially important that serving personnel have robust legal protections in place.
Below, we cover some of the key considerations for military families:
Why Having a Will is Essential for Military Service Personnel
One of the most important legal documents anyone can have is a Will, and for armed forces personnel, it is often in place earlier than civilians. However, despite the risks associated with military service, research shows that many serving members of the armed forces and veterans do not have one in place. The Ministry of Defence provides Form 106, which all service personnel can use to draft a basic Last Will and Testament. It is important to note that this free template is only available to military personnel and is suitable only if the intended estate distribution is uncomplicated and straightforward. The form itself provides guidance on situations that cannot be covered by this Will and where it is advisable to get proper legal advice. For example, this form may not be suitable in situations:
- Where you share/purchased a property with someone who is not your husband, wife or civil partner;
- Where you wish to make provision for a dependant who is unable to care for themselves;
- Where there are several family members who may make a claim on the estate; for example, a 2nd wife or children from a previous marriage or relationship;
- Where your permanent home is not in the UK or if you have foreign bank accounts or overseas properties;
- Where there is a business involved;
- Where the Executor resides outside the UK;
- Where the beneficiary is on state benefits;
- If money is to be held in trust for children;
- If your estate is complex or likely to be of high value.
Regardless of your circumstances, it is always advisable to seek professional advice when drafting such an important document. It is also vital to review your Will regularly to ensure that it is up to date, reflects your current situation, and aligns with your wishes, especially if your family or relationship circumstances have changed. At Bridge McFarland LLP, our specialist Wills solicitors can help you draft a clear, legally sound Will that reflects your circumstances and protects your family’s future.
Lasting Powers of Attorney – Planning for the Unexpected
A Lasting Power of Attorney (LPA) is another vital document that many people fail to put in place or assume they won’t need. However, an LPA allows you to appoint someone you trust to make decisions on your behalf if you lose the mental capacity to do so yourself. Losing mental capacity is not something that only happens in old age. This could happen due to injury, illness, or an accident, and for those serving in the Armed Forces, these risks are unfortunately even higher.
There are two types of LPA:
- Property and Financial Affairs LPA – This type of LPA allows you to choose a person to make decisions on your behalf regarding your property and finances if you’re unable to do so.
- Health and Welfare LPA – This type of LPA allows you to choose a person to make decisions on your behalf regarding your healthcare, which might concern life-sustaining treatments. The attorney would also make decisions about your welfare, for example, where you live. With a Health and Welfare LPA, it is only possible to grant your attorney the ability to make decisions should you lack the mental capacity to do so yourself.
Without an LPA and named attorneys in place, your family may face difficulties in accessing your bank accounts, managing household bills, or making medical decisions on your behalf. They may need to go through a process of applying to the Court of Protection, which can be a lengthy, expensive, and stressful process. Having an LPA already in place means that someone you trust can step in immediately to manage your affairs, ensuring that your loved ones are not burdened with added complications during a crisis.
Our Powers of Attorney team at Bridge McFarland LLP can guide you through the process and ensure your LPA is correctly drafted and registered. Read this article for more information: Lasting Powers of Attorney – 5 Key Steps to be Aware of.
Family Law Support – Navigating Divorce and Separation
Unfortunately, the pressures of military life can sometimes put an added strain on relationships, and sadly, this can lead to separation or divorce. As with any family matter, seeking early professional advice is recommended to ensure a fair outcome, particularly when it comes to:
- Financial settlements: Including the division of assets such as property, savings, pensions (including military pensions), and investments.
- Child arrangements: Deciding where children will live and how much time they will spend with each parent, especially if one or both parents are posted overseas or frequently deployed.
- Spousal maintenance: Understanding your entitlements or obligations regarding ongoing financial support.
If you are considering separation or divorce, our family law team can help you understand your options and work towards a resolution that prioritises the wellbeing of your children. At Bridge McFarland, we have extensive experience in supporting military families through divorce and separation, and we understand the additional challenges that military life can bring.
Residential Conveyancing for Armed Forces – Buying and Selling a Property
We can assist with all residential property matters, including buying and selling a property, and understand that there may be additional complications for those serving in the military, such as remote transactions if you are stationed away from home or overseas.
Our can also help if you are using the Ministry of Defence’s Forces Help to Buy scheme. We can advise on how this works and ensure the transaction is handled smoothly.
Support For Military Veterans and Injured Personnel
Leaving the Armed Forces and becoming accustomed to civilian life often brings a new set of challenges. There are several areas that serving armed forces members and veterans may need legal support with, including:
- Employment Law: If you are facing employment issues, either in civilian employment or as serving Armed Forces personnel, including cases of discrimination or unfair dismissal, our employment law team can advise you on your rights and the next steps in pursuing an employment law claim.
- Personal Injury: If you or a loved one has suffered an injury during service or as a result of exposure to hazardous conditions, you may be entitled to compensation. For example, hearing loss, PTSD, asbestos exposure, or other service-related injuries.
- Estate Planning: Aside from having a Will and LPA, there are other important considerations when planning for how your assets will be managed, protected, and passed on to future generations. This can include:
- Trusts: These are not just for wealthy families. A trust can be used to protect assets for children or vulnerable beneficiaries and may also offer tax advantages.
- Inheritance Tax (IHT) planning: Depending on the size of your estate, there may be ways to reduce the IHT burden on your family, and seeking professional legal advice is crucial to ensure that tax liabilities are minimised.
Useful Resources and Support
There are various organisations and charities across Lincolnshire and East Yorkshire that provide support for military veterans, such as the Royal British Legion, SSAFA (the Armed Forces charity), and Combat Stress. For advice regarding welfare and benefits, support is available through organisations such as the Veterans’ Gateway.
Legal Advice for Armed Forces – Local Support from Local Solicitors
At Bridge McFarland LLP, we are proud to support the Armed Forces community across Lincolnshire and East Yorkshire. Our legal teams understand the unique challenges faced by military personnel and their families. Whether it is help with a Will, LPA, family law, conveyancing, personal injury, or any other matter requiring specialist legal advice, we are committed to providing clear, practical legal advice tailored to your circumstances.
Get in Touch with Our Solicitors Today
If you are a serving member of the Armed Forces, a veteran, or part of a military family, and need legal advice, please get in touch.
You can contact us by phone at 0800 987 8800, email at enquiries@bmcf.co.uk, or complete our online contact form.