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) a decision of the Business and Property Division which held that a devise to a local...
Private Client analysis: In Langley v Langley, the High Court exercised its jurisdiction under section 117 of the Senior Courts Act 1981 (SCA 1981) to...
This Q&A considers whether inheritance tax is chargeable on the value of trust property both upon the death of individual A, who leaves their estate...
Private Client analysis: The Court of Protection confirmed that managing Direct Payments under any of four statutory schemes requires specific...
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.
Can an attorney delegate some or all their powers as an attorney? If so, how?The issue addressed in this Q&A is whether an attorney can delegate all or some of their powers as attorney (with particular reference to Lasting Powers of Attorney). If so, how can they delegate such powers?Types of power
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 an ordinary power of attorney be expressed to cover a period before the date that the deed creating the power of attorney was executed if that is the intention of all parties?We are not aware of any authority which indicates that a power of attorney can have retrospective effect. However, acts
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