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.
The following Private Client news provides comprehensive and up to date legal information on Secret trust not suitable for summary dismissal (Lorenz v Caruana)
The following Private Client news provides comprehensive and up to date legal information on Private Client weekly highlights—22 May 2025
Can a power of attorney lapse or expire or does it last indefinitely? Does it need to be updated or 'refreshed'?Lasting powers of attorneyIn contrast...
Death in service benefitsOverview of the types of death in service benefits and their tax treatmentThere are three types of death in service...
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
Lifetime giftsA lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In...
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
Capacity to make or revoke a WillIn order to make a valid Will, the testator must satisfy a capacity test on two separate occasions:•when they give instructions for the drafting of the Will or at the time it is written or typed out by the client themselves•at the time of executing the WillIf there
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
If an appointee dies, what is the status of money which the appointee holds for a person who is mentally incapable?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. See: Become an appointee for someone
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