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Wills, probate and administration

Capacity – wills; disclosure

The Society’s guidance, Access and disclosure of an incapacitated person’s will, gives important clarification around the circumstances in which a solicitor can disclose a copy of a client’s will/codicil to a property and financial affairs attorney or a deputy where the client (donor) has lost mental capacity.
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Court of Protection – costs

An order for 50% of costs was made against the public guardian (PG).
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Foster placement – residential care

A vulnerable 18-year-old did not want to move to a residential home with more formal care arrangements when his foster placement ended, but the CoP approved the move proposed by the LA. P had been in foster care since 2016.
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Court of Protection – medical treatment

Interim practice guidance relating to serious medical treatment applications to the CoP has been issued. Hayden J’s guidance sets out the correct procedure where a decision relating to medical treatment arises and thought needs to be given to bringing an application.
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Intestacy – statutory legacy

The statutory legacy under the intestacy rules has increased to £270,000 with effect from 6 February 2020. It’s the first increase since October 2014. 
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Costs – deputyship application

The Official Solicitor’s costs were to be fully borne by the two respondent organisations who had tried to place considerable restrictions on the appointment of a deputy. 
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Procedure – e-filing

The CE-File is the judiciary’s new electronic filing and case management system, through which all proceedings covered will be managed by the Costs Office. The new electronic procedure becomes mandatory from 20 January 2020. 
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Court of Protection – capacity to marry

 A deputy failed to obtain a declaration from the COP that P lacked the capacity to marry. P suffers learning difficulties and he and his partner, with whom he has two children, intended to marry imminently.
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Civil partnerships – heterosexual couples

The Civil Partnership (Opposite-sex Couples) Regulations 2019 are in force as of 2 December 2019 and permit heterosexual couples to enter into civil partnerships.
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Voluntary deeds – rescission; mistake

Mistake led to a deed of appointment being rescinded by the court. It would be unconscionable to leave the mistake uncorrected, the High Court ruled.
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Most-read articles

Capacity – wills; disclosure
Monday, 09 March 2020
The Society’s guidance, Access and disclosure of an incapacitated person’s will, gives important clarification around the circumstances in which a solicitor can disclose a copy of a client’s... Read more...
Source of funds – Law Society guidance
Monday, 09 March 2020
We mentioned above the new Law Society practice note on signs of money laundering. A constant refrain for conveyancers – but one which should be heard more widely – is the importance for firms of... Read more...
MIB injury on private land – update
Monday, 09 March 2020
We reported in our July/August 2019 edition (p31) on the case in which the CA held that MIB was liable to pay compensation to someone injured in a car accident on private land. The injured party was... Read more...
Provisional damages – underused?
Monday, 09 March 2020
An interesting article reminds PI practitioners of the underused solution of provisional damages, which are provided for in s32A of the Senior Courts Act 1981. In PI and clinical negligence cases,... Read more...
Tate peeping – CA decision
Monday, 09 March 2020
We reported in our March 2019 edition (p24) on the case brought by the owners of luxury flats adjacent to the Tate Gallery. They applied for an injunction to prevent members of the public from... Read more...
RICS – code for leasing business premises
Monday, 09 March 2020
The RICS has launched the first edition of its Code for Leasing Business Premises which comes into force on 1 September 2020. It will replace the voluntary Code for Leasing Business Premises in... Read more...
Boundary disputes – the essentials
Monday, 09 March 2020
Boundary disputes can mean different things to different practitioners – conveyancers will hate them and seek to avoid at all costs; property litigators will no doubt take a different view! An... Read more...
Procedure – coronavirus
Monday, 09 March 2020
The author raises an urgent issue for family lawyers: how should they take the coronavirus into account in the work they undertake for their clients, particularly international clients or those with... Read more...
Parental bereavement – in force?
Monday, 09 March 2020
The Parental Bereavement (Leave and Pay) Act 2018 should come into force in April 2020. Regulations as to the detailed operation of the Act are awaited but the government’s consultation response... Read more...
Sentencing – judge’s remarks
Monday, 09 March 2020
The appellants were convicted of a money laundering offence under s328 POCA following a sophisticated, multimillion-pound, cross-border money laundering operation. S was sentenced to eight years in... Read more...

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