Decision making in respect of property and affairs

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Practice notes
Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes
Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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9th Nov
Practice notes
Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
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9th Nov
Practice notes
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
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9th Nov
Practice notes
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes
A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...
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9th Nov
Practice notes
Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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9th Nov
Practice notes
The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...
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9th Nov
Practice notes
Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
Practice notes
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...
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9th Nov
Practice notes
The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...
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9th Nov
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
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9th Nov
Practice notes
A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...
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9th Nov
Practice notes
This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...
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9th Nov
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Decision making in respect of property and affairs content

Practice notes
Digital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that...
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Produced in partnership with Kerry Bornman of 3 Stone Buildings, Erin Hitchens of XXIV Old Buildings and Robert Avis of Charles Russell Speechlys 9th Apr
Practice notes
Note that this Practice Note does not address specific practice alterations caused by the COVID-19 pandemic. These are addressed in this Practice...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers. 9th Apr
Practice notes
The principlesThe decision maker must firstly consider the principles as set out in section 1 of the Mental Capacity Act 2005 (MCA 2005), namely:•the...
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Produced in partnership with Patricia Wass of Enable Law 9th Apr
Q&As
The Court of Protection may authorise a deputy to purchase a property on behalf of P under section 18(1)(c) of the Mental Capacity Act 2005 if it is...
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Produced in partnership with Graham Stott of gunnercooke LLP 15th Mar
Q&As
Under section 18(1)(i) of the Mental Capacity Act 2005 (MCA 2005), the Court of Protection may authorise the execution of a Will for P, which, under...
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Produced in partnership with Graham Stott of gunnercooke LLP 15th Mar
Practice notes
SettlementsUnder section 18(1)(h) of the Mental Capacity Act 2005 (MCA 2005), the court has jurisdiction to approve ‘settlement of any of P’s...
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Produced in partnership with Thomson Snell & Passmore 15th Mar
Practice notes
On the settlement of P's personal injury or clinical negligence case, the deputy must consider how best to invest the damages award.Short term...
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Produced in partnership with Thomson Snell & Passmore 15th Mar
Practice notes
What is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court of Protection has the power under the Mental...
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15th Mar
Practice notes
Deputies appointed in respect of a protected party’s (P’s) property and affairs are frequently involved in the establishment of a care regime.Although...
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Produced in partnership with Thomson Snell & Passmore 5th Mar
Practice notes
Part of the deputy’s responsibility is making sure that P is receiving all state benefits to which they are entitled.The main benefits for which P is...
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Produced in partnership with Thomson Snell & Passmore 5th Mar
Practice notes
Selling, buying and leasing property for PA deputy can be involved in a number of different property transactions on behalf of P depending on their...
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Produced in partnership with Thomson Snell & Passmore 5th Mar
Q&As
A solicitor has a common law duty to keep his or her client’s affairs confidential. This extends to the contents of the Will and the instructions...
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Produced in partnership with Adam Draper of Shoosmiths 15th Feb
Precedents
Dear Dr [insert name of GP]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above...
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14th Feb
Q&As
Where a party lacks capacity, family proceedings are subject to the provisions of Part 15 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955...
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13th Feb
Q&As
A deputy’s general authority in respect of P’s property and affairs should extend to investigating any claim and entering negotiations as the Court of...
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Produced in partnership with Graham Stott of gunnercooke LLP 5th Feb
Q&As
Practice Note: The deputyship order explains that, since the introduction of the Mental Capacity Act 2005 (MCA 2005), deputyship orders are in most...
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4th Feb

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