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.
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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
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
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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