The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Wills, probate and administration

Family care payments – guidance

The Office of the Public Guardian has published a practice note on family care payments (or gratuitous care payments) – helpfully setting out the relevant legal framework and the OPG’s approach to such payments. The guidance applies to court-appointed deputies under a finance and property order.
Subscribers only...
 

Procedure – Gazette notices

Probate practitioners will welcome a new notice placement service, through which notices can be placed simultaneously in local newspapers and online in The Gazette ‘in one easy step’.
Subscribers only...
 

Deputies – client accounts

The Office of the Public Guardian has issued a practice note, OPG’s approach to solicitor client accounts. It explains the OPG’s approach to the use of client accounts to manage deputyship funds, and how the deputy acts under the MCA, the Solicitors Regulation Authority Accounts Rules 2011 (SARs) and the MCA Code of Practice. The PN clarifies the OPG’s position on the issues, and sets out two fundamental clarifications.

Subscribers only...
 

Deputies – responsibilities

The Office of the Public Guardian has also issued a practice note, Public authority deputyship responsibilities, on the role and responsibilities of a public authority when appointed as a deputy by the CoP. It makes clear that its duties cannot be delegated to organisations outside the public authority.

Subscribers only...
 

Forfeiture – wills and trusts

The forfeiture rule is based on the principle that it is against public policy to allow a criminal to claim any benefit by virtue of their crime; and applies to gifts by will and under the intestacy rules. 
Subscribers only...
   

Trusts – variation of trusts

An application under the Variation of Trusts Act 1958 to vary the trusts of four family settlements, and for the compromise of an issue as to the validity of the two most recent of those settlements, was successful.

Subscribers only...
 

Attorneys – gifts

The Office of the Public Guardian (OPG) has published a useful updated practice note, Gifts: Deputies and EPA/LPA Attorneys, in light of the OPG’s updated policy on loans and supervision (a gift for these purposes can include making an interest-free loan).

Subscribers only...
 

Wills – testamentary capacity

To what extent must a professional investigate whether a belief is false, and whether a false belief must be delusional or, simply, mistaken? In this article, the author examines the High Court ruling in McCabe involving a dispute between two brothers over their mother’s will. One of the brothers had been disinherited and challenged T’s will on grounds of lack of testamentary capacity, want of knowledge and approval, and undue execution.

Subscribers only...
 

Court of Protection – NHS treatment

The Court of Protection has to carry out a balancing exercise where decisions as to ending treatment are to be made by NHS trusts.

Subscribers only...
 


Page 8 of 34

Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

Resources

IAG International
Join the IBA now!
www.totallylegal.com
In House Lawyer
MSI Global Alliance