Delve into the nuances of the Court of Protection, where safeguarding the interests of vulnerable individuals is paramount. This topic offers practical guidance on navigating legal processes and making informed decisions for clients requiring assistance with mental capacity issues.
This week’s edition of Private Client highlights includes: (1) Gill v Gill and Patel v O’Sullivan, involving failed challenges to a Will on grounds of...
This Q&A considers the effect of a divorce on a Lasting Power of Attorney where one of the attorneys is the former spouse of the donor....
Private Client analysis: Farming businesses are often built over generations. They are asset-rich, cash-constrained, deeply personal and closely tied...
Law360, London: Individuals who moved to the UK in recent years have until the end of January 2028 to file for tax relief under the foreign income and...
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...
Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
Changing or ending a deputyshipA protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is evidence of incapacity. The court is then able to delegate its authority by appointing a deputy to act on P’s behalf, under the terms of an order.The
Court of Protection—notificationThis Practice Note applies to the majority of applications to the Court of Protection. However, it is important to note that a different procedure applies to applications to appoint a property and financial affairs deputy. From January 2023, an upfront notification
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
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