Master the intricacies of protecting the interests of elderly and vulnerable clients through nuanced, practical guidance tailored for private client practitioners. Explore the various aspects of mental capacity issues, elder abuse, care home contracts, and financial management to ensure thorough protection and advocacy. Gain the expertise needed to address unique challenges with skill and compassion, fostering dignity and respect in every legal transaction.
Private Client analysis: The High Court held that a Will leaving a surviving spouse a £5 million legacy and limited additional benefits failed to make...
This week’s edition of Private Client highlights includes: (1) probate application and related fees have increased with effect from 13 July 2026; (2)...
This Q&A considers whether, if a partner in a farming partnership gifts a share in the partnership and subsequently has an overdrawn partnership...
The Department of Health and Social Care, Department for Business and Trade, Department for Education, and Department for Work and Pensions have...
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...
A husband and wife jointly own a property as tenants in common. One spouse has dementia and lives in a care home, with the other spouse aged over 60 and therefore a property disregard applies. If the spouse living in the property wishes to move, but requires use of 100% of the sale proceeds
Capacity to litigateWhen advising an elderly or vulnerable individual on any aspect of litigation, it is very important to consider whether they have capacity to litigate. A party to litigation who lacks the capacity to conduct the proceedings is a person lacking capacity within the definition of
Predatory MarriageWhat is a predatory marriage?The practice of targeting and marrying a vulnerable person who is often older to gain control of their property and assets upon death. It involves grooming the person and influencing them so that they make a decision to marry, that they may not even
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
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