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.
The following Private Client news provides comprehensive and up to date legal information on Angela Rayner’s unfortunate SDLT incident—a clear warning to advisers
The following Tax news provides comprehensive and up to date legal information on FTT finds that purchase of own shares benefitted company’s trade (Boulting v HMRC)
The following Private Client news provides comprehensive and up to date legal information on Private Client weekly highlights—30 October 2025
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 an attorney who has obtained a grant of representation on behalf of an executor under a general power of attorney step down and cease acting?If the deceased left a Will which appointed an executor and the appointment can take effect, the named executor may apply for a grant of representation.
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
LPA precedent instructions and preferences—property and financial affairs LPAsThe precedents in this document are based on those found in Part 2, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney.This document contains precedent wording suitable for inclusion in property and
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