Effectively managing the process of designating trusted individuals for handling affairs or making crucial health decisions on behalf of clients requires thorough understanding. This resource provides practical insights tailored for legal professionals, ensuring clear and comprehensive guidance on creating and implementing powers of attorney and advance decisions. Discover expert advice to appropriately address client needs and uphold their best interests.
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...
Tax analysis: On Legislation Day, 13 July 2026, the government published draft provisions for inclusion in Finance Bill 2027 (FB 2027, also known as...
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...
Can a donor make more than one lasting power of attorney? If so, what are the rules on registration?Generally, it is possible to make multiple lasting powers of attorney (LPAs) as long as they do not conflict with each other but if any of them contain provisions which are inconsistent with a legally
Does an attorney have a right to bring a court action on behalf of the donor under an enduring power of attorney?Enduring powers of attorney (EPA), as opposed to lasting powers of attorney, are becoming increasingly rare. The prescribed form of EPA gives the donor of the power the option to give the
If the attorney’s date of birth is incorrect, but all other information is correct, is a registered lasting power of attorney still valid? If not valid, can it be amended?Section 9(2) of the Mental Capacity Act 2005 (MCA 2005) specifies that a lasting power of attorney (LPA) is not created unless it
Can a bankrupt individual be appointed as an attorney pursuant to a power of attorney? Does it make a difference if they are a discharged or undischarged bankrupt?As this Q&A has not specified the power of attorney we have considered both ordinary powers of attorney and lasting powers of
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