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A Trustee must act exclusively in the best interests of the Trust, taking note of and acting in accordance with the duties and directions set out in the Trust instrument. A Trustee owes a duty to th...
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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...
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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...
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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...
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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...
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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?...
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Under English law, a person can leave their entire estate however they want and to anyone they want. Accordingly, even if what the testator does with his assets is unfair, nothing can be done about it...
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