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David Rees QC and Joseph Rich examine a case that highlights common problems with lasting powers of attorney ‘If the court determines that an LPA contains a provision which would be ineffective, it must either sever the provision or direct the Public Guardian not to register the instrument.’ The Public Guardian v DA; BP [2018] …
Continue reading "Lasting powers of attorney: Pay close attention"
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The government should ratify the Hague Convention on the International Protection of Adults and ease the complexity of LPAs and foreign property. Judith Morris explains the benefits ‘Practitioners who are, for the first time, trying to deal with a property abroad when an attorney has been appointed under an LPA can find themselves mired in …
Continue reading "Guest editorial: Unfinished business"
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William Moffett examines when trust information should be disclosed to beneficiaries and the importance of holding trustees to account ‘Beneficiaries with fixed interests, as distinct from discretionary beneficiaries, can reasonably expect disclosure to be made to them by trustees, or to receive the assistance of the court in obtaining disclosure if it is refused to …
Continue reading "Disclosure: Considering entitlement"
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Recent case law sets out the position of the courts and the expected role of Parliament on assisted suicide. David Foster discusses ‘The Court of Appeal felt that there was no doubt that Parliament was a far better body than the courts for determining the difficult policy issue in relation to assisted suicide in view …
Continue reading "Assisted suicide: The last word"
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John Davies and Danielle Lewis-James review an ombudsman decision on whether a gift amounted to the deprivation of capital to avoid care home fees ‘When undertaking estate planning or transfers of property and money for elderly clients, the reasons behind any transfer (such as a pattern of gifting or a long-standing intention) should be noted …
Continue reading "Estate planning: Timing is everything"
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Law firms must now publish probate fees. Jonathan Shankland and Tom Frankel outline the position ‘It is surprising that the SRA has identified estates and probate as one of the legal services where it would be easy to “fix or estimate price”… There are a multitude of elements to probate which can impact upon the …
Continue reading "Probate fees: An aid or a hindrance?"
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Eleanor Goodridge considers a case of extreme gift-making under an LPA ‘Purvis provides a clear example of how the OPG can step in to attempt to safeguard the interests of persons falling within the Court of Protection’s jurisdiction and the consequences which may result for attorneys and deputies alike.’ For practitioners, advising an attorney or …
Continue reading "Gifts: No carte blanche"
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The Charity Commission is using its power to issue official warnings to trustees. Paul Ridout and Jelena Serbic analyse a high-profile case with tips for best practice ‘In times when public confidence in the sector is already shaken, an official warning is likely to have negative ramifications for any charity.’ In August 2018 the Charity …
Continue reading "Charities: Take heed"
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Mike Muston reviews a case which indicates that the courts will take a ‘common sense’ approach to construction and rectification ‘The case of Millar provides further confirmation, following on from the Supreme Court decision in Marley, that courts will approach cases of construction and rectification on a practical and common-sense basis.’ The case of Millar …
Continue reading "Trusts: After Marley"
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Disposal of a corpse: who has the right to decide after death? Amy Berry explains ‘Judge Boggis QC confirmed that the factual matrix is relevant as are the views of all sides and the wishes of the deceased, but that ultimately the court is required to find a solution which does fairness and justice to …
Continue reading "Probate: Ashes to ashes"
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