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.
This week’s edition of Private Client highlights includes: (1) analysis of Wilkinson (as executor of the estate of John Whewell, deceased) v Kirkham,...
Tax analysis: In British Institute of Technology Ltd v HMRC, the First-tier Tax Tribunal (FTT) refused HMRC’s application to strike out appeals...
Tax analysis: In Krason v HMRC, the First-Tier Tax Tribunal (FTT) cancelled penalties for inaccuracies in relation to a remuneration trust scheme. As...
This Q&A considers whether parties can apply for a stay to allow negotiations to take place before pleadings close, in circumstances where a claim for...
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...
Lifetime giftsA lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts made in contemplation of death may qualify as deathbed gifts or donatio mortis causa. See Practice Note: Devolution of assets and the
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
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
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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