Graham Stott

This Q&A considers whether there are any restrictions on the appointment of a personal representative who has been discharged from bankruptcy or insolvency, including from an individual voluntary arrangement.

This Q&A considers who is responsible for the cost of preparing a deed of retirement and indemnitywhere a trustee wishes to retire but there are no liquid assets in the trust.

This Q&A considers when a voluntary settlement over matrimonial property, expressed to be irrevocable, may be revoked.

This Q&A considers whether a deputy for an individual without testamentary capacity, who has uncertain domicile, is able to create a statutory Will per Practice Directions 9E and 9F.

This Q&A considers whether a deputy requires authority from the Court of Protection to enter into negotiations and settle a family provision claim, where proceedings are not being issued.

This Q&A considers the duties of an executor who is unaware of the testator’s death

This Q&A considers the process of a Canadian resident appointing and executing a power of attorney with respect to a bank account in the UK.

This Q&A considers whether it is possible for executors of a deceased individual to enter into a deed of variation of a Will under which the individual was a beneficiary.

This Q&A considers whether you can change a deputyship order which states that costs should be fixed to provide for costs to be assessed instead.

This Q&A considers if is possible to apply to the Court of Protection to have an Indian deputyship/guardianship order recognised in the UK.

This Q&A considers whether it is tax efficient to use a nil rate band (NRB) discretionary trust for unmarried couples.

This Q&A considers the factors to be taken into account when determining the quantum of a minor child’s award under the Inheritance (Provision for Family and Dependants) Act 1975, and in particular whether there is any authority for including the cost of university education.

This Q&A considers what documentation is required where a nil rate band discretionary trust was constituted following the testator’s death using an equitable charge over the testator’s half share of the matrimonial home which was then assented to the surviving spouse subject to the charge and the charge has subsequently been repaid to the trust following the surviving spouse’s death.

This Q&A considers the procedure for seeking the leave of the registrar/district judge to retract a renunciation of executorship.

This Q&A considers the tax implications arising on the death of a partner of a general partnership where the partnership agreement provides that the deceased partner's interest vests automatically in a third party.

This Q&A considers if, when appointing trustees of a minor beneficiary's legacy, the executor has a duty to ensure that the legacy is not paid to the trustees’ own bank account.

This Q&A considers the drafting of a Health & Welfare lasting power of attorney (LPA) and in particular, how to draft the instructions to provide that the donor is to remain in their current country of residence and be cared for by their private medical team should they fall ill in the future.

This Q&A considers the treatment of entailed interests, in particular the effect of land being held in ‘tail male’ or in ‘tail general’ and whether it is possible to sell land whilst subject to an entail.

This Q&A considers the recoverability of a deputy's costs where the deputy is authorised by the CoP to litigate to recover damages on behalf of an individual who lacks capacity—in particular, whether the deputy's costs may be recovered from the defendant.

This Q&A considers whether the statutory legacies arising under an intestate estate which is still being administered, can be varied.