Insights

The Court of Protection The new Court of Protection was established on 1 October 2007 by s 45(1) of the Mental Capacity Act 2005. The original name ‘Court of Protection’ having been given to the...

Proposals to reform the law following a review of the Mental Capacity Act and the DoLS were published in July 2015. Over the course of next two years the Law Commission undertook a public consultation...

If you are in the process of estate planning, you may have heard about the use of trusts to protect assets intended for your beneficiaries. Or perhaps a friend or loved one has approached you to speak...

The purpose of the Mental Capacity Act is to protect and empower people who may lack capacity. There are two stages to assessing capacity, firstly; is the individual unable to make a particular decisi...

A lasting power of attorney allows you to choose who you want to make decisions on your behalf in relation to your Property and Affairs (P&A LPA) and also your Health and Welfare H&W LPA), sho...

Being appointed as a Trustee or indeed executor, deputy or attorney creates a fiduciary role under common law which gives rise to a relationship of trust and confidence.  Fiduciary duties are in addi...

In a recent judgment by Hilder HHJ the wording used by donors in their Lasting powers of attorneys (LPA’s) were examined to determine the validity of the relevant clause.  This followed the Office...

The Wills Act 1837 sets out requirements for a valid will – including that the will must be signed and witnessed. But what can you do if the will is not signed properly? Is there any way around it?...