Elderly and vulnerable clients

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Practice notes
FORTHCOMING CHANGE: The Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 amend the Non-Contentious Probate Rules 1987, SI 1987/2024 with...
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13th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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Produced in partnership with Mark Lindley of Boodle Hatfield LLP 9th Oct
Practice notes
CORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two witnesses is to be relaxed (with retrospective...
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9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
8th Oct
Practice notes
Coronavirus (Covid-19): For news and other resources to assist dispute resolution practitioners working in the civil courts to understand and stay...
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26th Sep
Practice notes
Most of the work conducted throughout a probate matter is of a common nature. Consequently practitioners will find that they are, in essence,...
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26th Sep
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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26th Sep
Practice notes
The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the...
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26th Sep
Practice notes
Definition and purpose of a WillIn general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the...
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26th Sep
Practice notes
The rights of a person appointed executor by a Will cease if they:•die without having taken out probate•fail to appear on being cited to take out...
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26th Sep
Practice notes
The intestacy rulesIf the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:•all the movable...
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26th Sep
Practice notes
ExecutorsAn executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The...
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26th Sep
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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25th Sep
Practice notes
Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...
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25th Sep
Practice notes
IdentificationThe personal representatives (PRs) must identify:•the beneficiary entitled•what each beneficiary is entitled to receive•the time at...
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25th Sep

Most recent Elderly and vulnerable clients content

Q&As
The role of an appointee is to deal with the benefits of someone who cannot manage their own affairs due to mental incapacity or severe disability....
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28th Sep
Q&As
The Care Act 2014 (CA 2014) requires a local authority to assess an individual’s need for care and support.A local authority (LA) has the right to...
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28th Sep
Q&As
It is not clear from the question whether the power of attorney is a lasting, enduring or ordinary one.In the case of a lasting or enduring power of...
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28th Sep
Q&As
Where the client is under the Court of Protection and the client does not have the requisite capacity to make the application themselves, a decision...
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28th Sep
Q&As
Section 89(4A) of the Inheritance Tax Act 1984 (IHTA 1984) and Schedule 1A to the Finance Act 2005 set criteria for a trust beneficiary to qualify as...
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28th Sep
Q&As
Under general trust law, there is no restriction on the spouse of a beneficiary or settlor acting as trustee of a settlement. In fact, there is very...
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28th Sep
Q&As
The liability to pay care fees is often a source of resentment, as the state expects most people to fund, or contribute to, the cost of their care....
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
Under section 1 of the Mental Capacity Act 2005 (MCA 2005) there is a presumption that a person has capacity unless proved otherwise. The test as set...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
The judgment of the Court of Protection in Re Buckley: The Public Guardian v C at [41] clarified that the fiduciary duties owed to a donor by their...
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28th Sep
Q&As
There appears to be two issues:•the powers/duties of a deputy to maintain the property of the patient, and•the attitude of the relevant local...
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28th Sep
Q&As
Section 9 of the Care Act 2014 (CA 2014) came into force on 1 April 2015 as stipulated by s 2 of the Care Act 2014 (Commencement No 4) Order 2015, SI...
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28th Sep
Q&As
Section 9(2)(c) of the Mental Capacity Act 2005 (MCA 2005) provides that for a lasting power of attorney (LPA) to be created, the donor must have...
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28th Sep

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