The following Private Client Q&A Produced in partnership with Graham Stott of 3 PB Barristers provides comprehensive and up to date legal information covering:
Under paragraph 7.58 of the Mental Capacity Act 2005 Code of Practice, an attorney under a lasting power of attorney (LPA) owes the donor a fiduciary duty to ‘keep the donor’s money and property separate from their own’.
In Re Buckley  EWCOP 2965 (not reported by LexisNexis®), Senior Judge Lush emphasized the need for attorneys to avoid conflicts of interest and confirmed that an attorney must apply to the Court of Protection under section 23 of th
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The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
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