Archives: Wills, probate and administration

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Wills – Covid-19 opportunities

July/August 2020 | Wills, probate and administration

Planning opportunities exist in wills which clients may not have previously considered. The author highlights such opportunities at a time when wills instructions are significantly increasing during the Covid-19 crisis – while the problems of executing wills remotely or while socially distanced remain. He suggests solicitors should move beyond writing wills and commit to properly …

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Court of Protection – deputyship

July/August 2020 | Wills, probate and administration

In a case of competing applications for the appointment as a property and affairs deputy, the CoP allowed an individual to be appointed as a professional deputy. P is an elderly lady suffering from advanced senile dementia. A trust corporation whose business is doing wills, PoAs, etc and providing pastoral support for individuals had been …

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Capacity – sexual relationships

June 2020 | Wills, probate and administration

Many cases reach the CoP where P is believed to have capacity to make decisions in some aspects of their life, but not others – with grey areas in between. This is essentially how Cobb J characterised a recent application where the LA sought declarations and orders to enable safeguarding of AW, a 35-year-old man …

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CoP – costs

June 2020 | Wills, probate and administration

Deputies must submit a breakdown of the costs in their case and an estimate, for the following year, of reasonable and proportionate professional fees to be incurred. In a recent blog post, a costs expert has written a useful piece on effectively completing the OGP105 form. A deputy is required to complete this form annually, …

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CoP – injunctions

June 2020 | Wills, probate and administration

The CoP has the power to grant injunctive relief, it has decided. In this case, the LA successfully sought an injunction to prevent a man attending P’s accommodation. P has learning difficulties and autism. The injunction was made under ss16(5) and 48 MCA but this was later discharged when the circuit judge was not persuaded …

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IHT – emergency workers

June 2020 | Wills, probate and administration

This article is a timely reminder of the existence of IHT relief for ‘blue light’ emergency workers. Previously a relief for servicemen and women, it was extended to include emergency services personnel in 2015. In light of Covid-19, private client practitioners could be helping clients to utilise this relief on a regular basis. The authors …

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Inheritance – forfeiture rule

June 2020 | Wills, probate and administration

Two separate cases, very tragic, have ended with decisions that the forfeiture rule did not apply to someone who accidentally killed her husband in a car crash; and did not apply a woman who killed her husband after years of domestic abuse. In the first case, a 74-year-old pleaded guilty to causing death by dangerous …

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