The Windrush generation: a legacy worth protecting

Many of them travelled to Britain leaving not only their loved ones but cash assets and generational land passed down often informally without registered titles.  This has created major vulnerabilities and risk of loss for many that have been away for decades.

As the Windrush generation grow older, now with adult children, grandchildren and great grandchildren, they often find themselves with family and assets both in the UK and back in the Caribbean without any real way of knowing how best to manage their affairs. 

Dealing with officials in the Caribbean can be daunting, costly and extremely time consuming, and these matters are often delegated to close family members who may not understand relevant systems and procedures.

With so many of our elders splitting their time between the UK and the Caribbean, it can be difficult to know how best to protect assets in both jurisdictions. Wedlake Bell can assist you with ensuring that your worldwide assets are covered. 

At a time when it has become increasingly important to consider the wellbeing, assets and wishes of this generation, there are steps that can be put in place to provide peace of mind and protect generational wealth.

Lasting Powers of Attorney (LPAs)

LPAs allow you to appoint people you trust, known as ‘Attorneys’, to make decisions for you during your lifetime in the event of you losing mental capacity, or if you simply need help managing your affairs.  There are two types – one for Property and Financial Affairs and another for Health and Welfare.  The equivalent documents in the Caribbean are known as either a Power of Attorney or Enduring Power of Attorney. Dependent on your circumstances and assets, we can advise on whether having one set or sets in both jurisdictions would be appropriate.

Will

A Will dictates how your assets – money, property, land and personal possessions – are distributed once you pass away.  It also allows you to decide who should manage your affairs after your death. We can advise on whether you should have a Will in all countries where you have assets.

Probate

Many people find planning ahead difficult to discuss. Having your affairs in order can provide peace of mind and, once done, can offer great relief.  For the family, having to administer a loved one’s estate at a time of emotional grief can be extremely difficult.  To then also have to understand the Caribbean legal system makes things much more complex.  By putting LPAs and a Will in place, you are protecting your wishes, safeguarding your finances, ensuring your voice continues to be heard reducing stress for those administering your estate and protecting generational wealth.  

A legacy worth protecting

As a private client practitioner at Wedlake Bell, protecting individuals’ interests is central to my role.  On a personal level, the Windrush generation is one I hugely admire, having grandparents of my own who travelled from Jamaica to Britain in the 1950s.  They spent almost half a century working hard and raising their family, leaving children, grandchildren and great grandchildren in the UK.  Taking time to seek legal advice on preparing LPAs and a Will is such an important step in protecting that legacy, and I have found this with my own family.  Wedlake Bell can assist you both here and in the Caribbean. 

If you would like to discuss any of the above issues, then please do not hesitate to contact Charlene Burr in our Private Client Team on 020 7674 0541.

This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.

Meet the team:

1. 

   • Charlene Burr

   • Senior Chartered Legal Executive
   • Private Client

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