Capacity To Marry

A deputy was overridden by the Court of Protection recently when it granted permission to a protected party (P) to marry his fiancée. P was 28 years old, and experienced...


Will Rectification

“Forgetfulness, inadvertence or ignorance is not, as such, a mistake, but it can lead to a false assumption which the law will recognise as a mistake.”  This is a statement...


Ownership Of Assets & Estate Distribution

How an asset, such as money, land or property, is inherited by a beneficiary will depend upon how it is owned by the person who is passing it on following...


When Is An Executor Personally Liable For Their Legal Costs?

The recent case of Perry v Neupert addresses the complicated issue of who pays in a contentious probate dispute. Perry v Neupert – Case background The Deceased was an Israeli...


Battle Of The Siblings Over The Validity Of Their Late Mother’s Will

Like with many inheritance disputes, the case of Rea v Rea concerned a dispute between siblings over the validity of their late mother’s last Will. Rea v Rea Factual background...


Financial Abuse By Attorneys – What Does It Involve?

The Office of the Public Guardian (OPG) has recently revealed a rise in the number of reports of attorneys inflicting financial abuse on protected parties. A protected party (P) is...


Making Health & Welfare Decisions For Someone Who Can’t Decide For Themselves – Welfare Deputyships

The Mental Capacity Act 2005 made it possible to appoint someone to make welfare decisions on behalf of an individual who did not have sufficient mental capacity to make the...


Notifications In Court Of Protection Proceedings

Service of documents and providing notice can be complex when dealing with Court of Protection proceedings. Whom do you notify? What forms do you use? What is the actual process...


Who’s The Daddy?

Until last year, what powers the Courts had to order DNA testing in a dispute which hinged entirely upon whether the deceased was the parent of the Claimant or not...


Inheritance Tax – How To Make The Most Of Your Tax-Free Allowance

A tax-free allowance introduced in 2017 to help people who wish to leave their family home to their loved ones is set to increase again next year taking the total...


Commorientes Rule Dispute – Sister Wins £300,000 Inheritance Dispute

The High Court has now handed down its judgment in the inheritance dispute between two feuding step sisters following the death of their parents, John and Ann Scarle, in late...


What Happens When The OPG Does Not Agree To Gift Payments?

Deputies and attorneys do sometimes have the power to pay out gifts on behalf of a protected party (P). However, even if the Power of Attorney or deputyship order authorises...