Iain Managhan analyses new OPG guidance on giving gifts on behalf of someone else ‘Even where the guide talks of applying to the Court of Protection to seek approval for a gift, or the possible penalties having made an unauthorised one, there is no suggestion of speaking to a lawyer to assist and best deal …
Continue reading "Gifts: Holding the purse strings"
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Iain Managhan offers an update on recent revocation of power of attorney cases ‘It is clear… that certain considerations need to be discussed with the donor. Raising these potential problems and asking the donors to consider the possibility of such outcomes should minimise the likelihood of appointing people who may be unsuitable.’There have been a …
Continue reading "Powers Of Attorney: Taken to task"
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Wills & Trusts Law Reports | July/August 2015 #151MC was born on 8 October 1937. Her husband died in 2004. She had two children: a son (NC) and a daughter (SR) aged 54 and 49 respectively.
On 12 June 2009, MC executed a lasting power of attorney (LPA) for property and affairs appointing NC and SR jointly and severally as her attorneys. The LPA was registered on 24 September 2009.
In October 2011, MC made a will leaving 95% of her estate to SR and the remaining 5% to NC. In March 2013, SR placed MC’s house on the market. NC suspected that SR was mismanaging MC’s affairs and on 22 April 2013 entered a restriction...