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3 PB Barristers

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Neil Fawcett
3 PB Barristers
Poonam Bhari , FRSA
Barrister
3 PB Barristers
Contributions by 3 PB Barristers Experts

25

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?
Q&As

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?
Q&As

A Will contains an executor appointment clause appointing the partners in a firm as at the date of death or a firm which has succeeded to and carries on their practice, taking into account conversion to an LLP (see example below). Where the firm has converted to an LLP and formed a trust corporation, does an executor appointment clause such as the one below enable the trust corporation to be appointed executor?
Q&As

A Will purports to give the executors authority to approve a variation of a Will on behalf of a minor, unborn person or person lacking mental capacity where that person’s consent would be required for the purposes of section 142 of the Inheritance Tax Act 1984 or section 62 of the Taxation of Chargeable Gains Act 1992. Is it correct that only the court could approve a variation of a Will which decreased such a person’s entitlement?
Q&As

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?
Q&As

Are there any benefits in retaining a nil-rate band discretionary trust created by Will on the death of an individual as opposed to varying the Will and allowing the nil-rate band to transfer to the surviving spouse’s estate in due course?
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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?
Q&As

Can a valid lasting power of attorney (LPA), presumably an England and Wales LPA, be recognised and enforced in Spain?
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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?
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Does beekeeping qualify for agricultural property relief (APR) or other inheritance tax (IHT) relief?
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Does the entry of a Caveat stop interest accruing on the inheritance tax (IHT) due on an estate?
Q&As

For listed stocks and shares, where an individual dies at a weekend, the personal representatives (PRs) have the ability to choose between using the price on the last dealing day before or the next dealing day after the date of death. Where the deceased had a portfolio of listed stocks and shares, can the PRs cherry-pick different valuation dates for different shares within the portfolio or do they have to use the same valuation date for the whole portfolio?
Q&As

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?
Q&As

If a Landlord is served with a Section 26 Notice but does not object with a period of 2 months, does the Landlord lose its right to object completely? In addition, if the Landlord has agreed to an extension of the statutory period whilst negotiations regarding renewal of the lease are on-going, is the Landlord able to object to renewal of the Lease prior to the end of the statutory period?
Q&As

In what scenarios could a voluntary settlement over matrimonial property containing the wording ‘this settlement is intended to be irrevocable’ be revoked?
Q&As

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?
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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?
Q&As

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?
Q&As

Is it possible to amend a deputyship order that provides for costs to be fixed to be costs assessed instead?
Q&As

Is it possible to apply to the Court of Protection to have an Indian deputyship/guardianship order recognised in the UK?
Q&As

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