The Public Guardian has the function of directing a CoP visitor – whether a medical practitioner or general visitor – to visit, for example a court-appointed deputy or an attorney under an LPA, and report back on matters as required. General visitors must have experience of mental capacity issues, just as medics should. New guidance …
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Does disclaiming a legacy amount to a ‘failure’ of legacy for the purposes of determining how and where that legacy is to be redirected? T died in mid-2023 leaving a will that left two pecuniary legacies, and the residue equally to six beneficiaries. His son (D) was named under clause 6 of the will as …
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Practitioners who don’t routinely advise clients who are moving to, or returning from abroad (or who own foreign assets) should note a new Law Society Practice Note on mental capacity issues in an international context. Its focus is limited to LPAs (property and affairs), EPAs and deputyship. Solicitors are increasingly dealing with matters that involve …
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Dementia is sadly more common than ever among older clients and it’s increasingly necessary to understand how the law applies in such cases. A recent ruling illustrates the risks of not acting on clear signs of cognitive decline. The principle of testamentary capacity requires the will-maker to understand what it means to make a will …
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This was an unusual and tragic case in which a will written on cardboard food packaging was declared a valid will. T wrote it before taking his own life in May 2021, leaving five surviving sisters. T’s assets were modest and include a three-bedroom house, bank accounts, cash, jewellery and a large pottery collection. A …
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