This Q&A considers whether trustees of a trust corporation may act as witnesses to one another's signatures when executing deeds, and whether such an arrangement satisfies the applicable deed execution and witnessing formalities.
This Q&A considers whether a beneficiary, who is also a co-executor of a Will, can make a claim pursuant to TOLATA 1996, s 14, where the property has not been transferred into the names of the executors.
This Q&A considers whether a property and financial affairs lasting power of attorney can provide the attorney with the power to exercise settlor powers reserved to the donor under a trust instrument.
The SRA Authorisation of Firms Rules require authorised bodies at all times to have an individual who is designated as its compliance officer for legal practice (COLP), and whose designation the SRA has approved. This Q&A considers whether there are any restrictions which would prevent an unqualified member of staff at a law firm from being designated as COLP.
This Q&A covers whether a solicitor can certify copies of a birth, marriage or death certificate where the document for copying is an official copy of the relevant register.
This Q&A refers to whether a trustee may use part of the trust fund to pay a mortgage on a property owned by a non-beneficiary, in order to enable a trust beneficiary to move into that property in the future.
This Q&A considers whether an adult defendant in a probate claim can also act as the litigation friend to their minor child, where it is proposed that the child be joined as a defendant to the proceedings.
This Q&A considers whether an attorney can act under a health and welfare Lasting Power of Attorney when the donor has fluctuating capacity due to vascular dementia.
This Q&A considers whether the attorney of a donor can renounce probate on the donor's behalf in a situation where both are appointed as the executors in the Will.
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