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Graham Stott is a former solicitor (2001) and a Notary Public (2007), having worked in high street, City, regional and national firms of solicitors. Graham is also a former soldier and officer who has attended the Royal Military Academy Sandhurst. Graham is experienced in the drafting of wills, codicils, trust documents and powers of attorney, disputed wills, contentious probate, intestacy, trust disputes, Inheritance Act claims, TOLATA, proprietary estoppel, equitable accounting, and Court of Protection. Whilst a solicitor, Graham acted for HNW individuals, company directors, entrepreneurs, non-domiciled/non-resident individuals, PRs, trustees and elderly/vulnerable clients. Graham also has experience working with wealth preservation teams from national firms of accountants, private banks and the private wealth divisions of high street banks in wealth preservation and succession planning. Graham has acted as an enduring/lasting attorney, a professional executor and a professional trustee. Graham’s practice includes advisory, drafting, advocacy as well as the conduct of litigation.
A donor has a registered financial lasting power of attorney (LPA) appointing two attorneys jointly and severally and the donor loses capacity. Attorney A has not acted in the donor’s best interest and Attorney B now wishes for Attorney A to be removed. Does the court have power to remove Attorney A only with the LPA still being valid for Attorney B to continue to act or will the whole LPA need to be revoked?
A testator wishes to leave their estate to their husband who may be resident in India at the death of the testator. Does such residency affect a claim for spouse exemption?
An attorney appointed under a financial lasting power of attorney for their mother (donor) would like to loan the donor money to pay for the donor’s care fees and secure a charge over the donor’s freehold property in return, rather than enter into a deferred payment scheme. Is the attorney permitted to secure a charge over the property or must the attorney seek permission from the Court of Protection?
Can a UK bank refuse to recognise a foreign power of attorney and in that case, an application to court must be made to get a declaration that the power of attorney is valid?
Can a valid lasting power of attorney (LPA), presumably an England and Wales LPA, be recognised and enforced in Spain?
Does any case precedent exist that can be cited to support an application for authority to purchase property, included as part of an initial application to be appointed as deputy?
Does beekeeping qualify for agricultural property relief (APR) or other inheritance tax (IHT) relief?
Does the entry of a Caveat stop interest accruing on the inheritance tax (IHT) due on an estate?
H and W own the legal title to their house and hold it for themselves as beneficial joint tenants. They both lack capacity and are in care. H made a property and financial affairs Lasting Power of Attorney appointing A and B as their attorneys. A and B are also now appointed as W’s deputies. How should A and B obtain permission to sell the house?
In what scenarios could a voluntary settlement over matrimonial property containing the wording ‘this settlement is intended to be irrevocable’ be revoked?
Is a deputy for an individual without testamentary capacity, who is of uncertain domicile, able to create a statutory Will, per Practice Directions 9E and 9F?
Is a deputy required to apply to the Court of Protection for specific authority to enter into negotiations and settle a claim without the need to issue proceedings, under the Inheritance (Provision for Family and Dependants) Act 1975?
Is it possible for a resident of Canada to execute a lasting power of attorney in respect of their financial affairs (ie bank accounts) in the UK? Does the power of attorney require any special execution formalities (such as being witnessed by a notary)? Does the appointed attorney need to be resident in the UK or can they also be a resident of Canada?
Is it possible to amend a deputyship order that provides for costs to be fixed to be costs assessed instead?
Is it possible to apply to the Court of Protection to have an Indian deputyship/guardianship order recognised in the UK?
What would be the tax position on the death of a partner of a two-partner general partnership where the partnership agreement provides for the deceased partner's interest to vest in a third party and for a new partnership to be deemed to be formed automatically between the surviving partner and the third party?
When drafting instructions in a Health & Welfare lasting power of attorney (LPA) as to the donor’s wish to remain in their current country of residence and be cared for by their private medical team, rather than being taken back to England and cared for by alternative practitioners, is there anything specific that needs to be included to ensure the LPA is valid?
When was the creation of new entailed interests prohibited (if at all)? If land was ever declared to be in ‘tail male’ or in ‘tail general’ what is the effect of this at law? Can such land be sold while it is ‘entailed’?
Where a deputy is authorised by the Court of Protection (CoP) to litigate in the civil court to recover damages against a third party on behalf of an individual who lacks capacity, are the deputy's costs in the CoP proceedings recoverable from the contractor at the conclusion of the litigation in the civil court?
Where an intestate's minor children are to inherit on statutory trusts, is it possible to vary the terms of those trusts (through court application), particularly with regard to the age contingency?
Wills & Probate
Chancery Bar Association
Court of Protection Practitioners Association
Family Law Bar Association
Society of Trust & Estate Practitioners
Solicitors for the Elderly
Association of Contentious Trust and Probate Specialists
STEP Advanced Certificate in Trust Disputes
Post-Graduate Diploma in Notarial Practice
Post-Graduate Diploma in Legal Practice
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