Search site
Call our office
Make an enquiry
Our people
Search our people
The Court of Protection is responsible for making decisions on behalf of those who lack the capacity to make decisions for themselves. A deputy may be appointed to make decisions on behalf of the individual with respect to their property and financial...
Birkett Long recently acted for the successful third defendant in the matter of James v Scudamore and others ((2023) EWHC 996 (Ch)). The claimant contended that the codicil to the will of his late father was invalid because it failed to comply with...
In 2019, the Financial Times reported a 47% increase in contested wills in the High Court from 2018. Some claim that this is a result of the COVID-19 pandemic. Many have suffered financial loss, and many have died because of COVID. The value of estates...
In the case of Hughes v Pritchard, the Court of Appeal overturned the decision of the trial judge in the probate claim that Evan Richard Hughes lacked testamentary capacity to create a will in 2016. Instead, all parties would have to revert to the original...
As a beneficiary under a will or the rules of Intestacy, you will almost certainly want the administration of a deceased’s estate to take place quickly and smoothly. If the deceased made a will then they will have appointed an...
Deciding whether or not you should make a gift as an attorney or deputy is important. When appointing a deputy , the court will grant the deputy power to make small gifts to charities or to individuals, as the person who lacks capacity may be...
A deputy is a person appointed by the Court of Protection to step into the shoes of the person who lacks capacity. They then make decisions for them that are in their best interests. If someone is not able to make day-to-day decisions about their affairs...
It is common for family members and friends to provide informal care for their loved ones. This could include cooking for them, assisting with personal hygiene or providing companionship. Usually, such care is provided on an informal and infrequent...
This process is not like when someone makes a Lasting Power of Attorney. Someone who applies to be appointed as a deputy for their friend or loved one must identify at least three people who may have an interest in being notified of their application. In...
In July 2019, the Guardianship (Missing Persons) Act 2017 finally came into force. This act has been long-awaited for families with missing loved ones. Birkett Long represented the claimant in the first claim of this kind in the Chancery Division of the...
