Insights

Parliament Passes Bill on Digital Lasting Power of Attorney

Posted on 03rd October 2023 in Probate & Wills, Later Life Planning

The UK Parliament has now passed the Powers of Attorney Bill enabling the Office of the Public Guardian to introduce a new system for Lasting Powers of Attorney (LPAs).

Posted by

Emma McAdam

Solicitor

Insights

Avoiding Errors in Lasting Powers of Attorney: New OPG Guidance

Posted on 21st September 2023 in Later Life Planning

Lasting Powers of Attorney (LPAs) are lengthy documents which, as people will often know from experience, can offer many opportunities for mistakes. LPAs are used to appoint attorneys to deal with your affairs, should you need help or become unable to make decisions for yourself.

Posted by

Emma McAdam

Solicitor

Insights

An Unwelcome Stress: Probate Registry Delays Creating Additional Interest

Posted on 17th August 2023 in Probate & Wills, Later Life Planning

At a time when bereaved families already have so much to manage, the prolonged delays in the issue of Grants of Probate is not only costing time but, in some cases, money.

Insights

Can I remove an attorney from my power of attorney?

Posted on 04th April 2023 in Later Life Planning

Attorneys’ circumstances, or their relationship to the donor, could change and they may no longer be suitable to act.

Posted by

Emma McAdam

Solicitor

Insights

Record delays for registering LPAs with the Office of the Public Guardian

Posted on 22nd November 2022 in Later Life Planning

The England and Wales Office of the Public Guardian (OPG) is still experiencing delays with the registration of Lasting Powers of Attorney (LPAs).

Posted by

Sasha Brennan

Solicitor

Insights

Sample court order for appointing a deputy

Posted on 31st October 2022 in Later Life Planning, Safeguarding Vulnerable Clients

The Office of the Public Guardian has released a sample Court Order appointing a deputy for property and financial affairs. This contains all of the powers deputies would usually be granted to deal with a person’s finances, as well as any restrictions on their powers.

Posted by

Emma McAdam

Solicitor

Insights

New guidance for deputies selling property

Posted on 21st October 2022 in Later Life Planning, Safeguarding Vulnerable Clients

Lay-deputies may not be aware of the potential difficulties of selling a person’s property. Although this is a common task for deputies to become involved in. The Court of Protection and professional legal bodies have produced new guidance confirming the steps and issues for deputies to consider when selling property.

Posted by

Emma McAdam

Solicitor

Insights

Are transfers between siblings exempt from Inheritance Tax?

Posted on 29th September 2022 in Later Life Planning

It is widely known that in the UK the Inheritance Tax exemptions available on death have not substantially changed in line with inflation and the increasing value of properties.

Posted by

Sasha Brennan

Solicitor

Insights

What happens if an executor ignores their duties?

Posted on 23rd September 2022 in Probate & Wills, Later Life Planning

The Society for Trust and Estate Practitioners (STEP) have recently reported a case in the England and Wales High Court (EWHC) where an executor faces jail time for ignoring their duties and failing to act.

Posted by

Sue Halfyard

Partner & Chartered Legal Executive

Insights

New deprivation of capital guidance for local authorities

Posted on 07th September 2022 in Later Life Planning, Safeguarding Vulnerable Clients

The Local Government and Social Care Ombudsman has issued guidance to councils on the often-complex issue of Deprivation of Capital decisions.

Posted by

Sue Halfyard

Partner & Chartered Legal Executive

Insights

Another one bites the dust: aparthotels and their claim to Business Property Relief

Posted on 01st August 2022 in Parks, Later Life Planning, Company & Commercial

Business-owners will no doubt be well aware of the potentially valuable relief from Inheritance Tax known as Business Property Relief. Where successfully claimed, BPR can shield the full value of a business from the charge to Inheritance Tax.

Posted by

Rachael Morley

Partner & Solicitor

Insights

What is an EPA and are they still valid?

Posted on 22nd July 2022 in Later Life Planning

EPAs were replaced by Lasting Powers of Attorney in October 2007, so it is no longer possible to make a new EPA. However, many existing EPAs will still be valid and may still be used by the relevant attorneys if needed.

Posted by