The Law Society has published a raft of updated guidance and reference guides on deprivation of liberty, which lawyers and other professionals in health and social care will find invaluable. The key guide is Understanding when someone is deprived of their liberty – it reflects developments since original LS guidance was published in 2015. Those …
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Was it fair and just to make a protective costs order (PCO) in the absence of any issues of general public importance? The UT found nothing unfair in the appellants in a recent case being exposed to liability for the costs of appealing an FTT decision that an IHT avoidance scheme was ineffective. The executors …
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Charities who were not identified in a statutory will and were to benefit from a residuary gift must be notified when the will is changed, the CoP has ruled. In 2008, a statutory will was made for P, who was mentally incapacitated. P’s deputy was his brother who applied in 2022 to amend the will. …
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T’s will limiting pecuniary legacies to his five granddaughters to a nominal sum was ‘entirely rational’, the HC ruled. T made the will in 2018 leaving the bulk of his £500,000 estate to his two surviving children, with £50 legacies to the claimants (they were the children of his deceased son). A previous will, made …
Continue reading “Wills – capacity”
T died in 2016 aged 85, a year after making a will. Following a challenge by her three sons, the court found the will was invalid because of undue influence exercised by the daughter (R). R’s appeal succeeded. In 2009, T had a heart attack and R moved in with her and became her main …
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A new PN from the Law Society sets out good practice for practitioners who represent clients at the First-Tier Tribunal (Mental Health) (and the Mental Health Review Tribunal in Wales). The PN covers in detail communicating with clients and taking instructions; duties of confidentiality and disclosure; and representation of children and young people. Importantly, it …
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Draft guidance including questions and suggested answers on areas of uncertainty arising out of the Finance (No.2) Act 2017 (which sets outs tax changes for non-UK domiciliaries and trusts) has been released. It’s aimed at professionals who advise non-UK domiciled clients on tax changes introduced by the 2017 Act. The areas relate to: rebasing and …
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The certificate provider is an independent person who signs an LPA to confirm the donor has mental capacity to make the deed and is not under duress, etc. But what is the extent of their duties? The CoP has clarified that the certificate provider must first check the conditions set out in MCA 2005 are …
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The court has strictly upheld time limits set out in an order and refused an application by T’s daughter (D) to propound a will. D failed to issue her claim in time to comply with an unless order issued by the district registrar. Under the terms of the order, she was required to serve proceedings …
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This was an appeal, in the course of a probate dispute, on the single issue of the beneficial entitlement of a Welsh farm. The freehold to the farm was acquired in 1986 and held in the names of the claimant and both his parents. His father (T) died in 2018. In 2021, the claimant brought …
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