Powers of Attorney and Court of Protection

Questions you should ask your children to encourage them to make a will

Parents want the best for their children and, in general, encourage them to plan ahead and think about the future. A part of that which, sadly, is often neglected, is making a will. You may have made a will yourself, but have you encouraged your children to...

Duties of a trustee

A trustee is an individual who acts as a caretaker for assets held within a trust. They are responsible for managing the finances of the trust in accordance with the instructions given when the trust was originally created.  It is important that a...

Blended families - why it's important to have a will

In a recent study, the Society of Trust and Estate Practitioners (STEP) found that an increase in what are known as ‘blended families’ is leading to increased complexity in estate planning. Blended families are where there are children from...

Family disputes - how can you settle arguments over inheritance?

In recent years the number of people contesting wills has increased dramatically. One reason is that it is common for families today to be structured in a less traditional way. Second marriages are more common than they were in previous generations and it is...

What is an attorney's role?

If you have been appointed as someone’s attorney, under a Lasting Power of Attorney (also known as a LPA), then it is important that you know what your responsibilities are. There are two types of LPA; Health and Welfare (HW) and Property and...

We've come a long way, but inheritance tax still exists!

In 2003, Essex Pride was established, and how far the law has come even since then! It is now illegal to discriminate against LGBTQ+ people in the workplace under the Employment Equality (Sexual Orientation) Regulations. Same-sex couples undergoing fertility...

Do you need a lasting power of attorney?

Lasting powers of attorney (LPAs) allow you to appoint one or more people as your attorney(s) to look after your affairs, in the event you are no longer able.  There are two types of LPA. A property and financial affairs LPA allows attorneys to manage...

What happens if you don't make a will?

The law does not require you to make a will but if you die without having made one, your estate, which includes all your property, money and other personal possessions, will be distributed in accordance with the law and your wishes will not be taken into...

Appointment of successive deputies by the Court of Protection

A deputy is appointed by the Court of Protection for a person who lacks the mental capacity to make decisions themselves but has no Power of Attorney in place. There are two types of decisions that deputies can be appointed for: property and financial...

Health and Social Care Act 2012

On 27 March 2012, the Health and Social Care Bill 2010-12 received Royal Assent to become the Health and Social Care Act 2012 (“Act”). Key reforms under the Act include the introduction of clinical commissioning groups with responsibility for...

Landmark case reaffirms the importance of Lasting Powers of Attorney for health and welfare

People often feel that in making provision for future events they are somehow tempting fate.  No-one wants to dwell on what lies ahead and particularly the possibility of illness and eventual death.  Some of us will nonetheless make a will. ...

New Act Gives Flexibility - The Perpetuities and Accumulations Act 2009

Author: Bruce Hogarth-Jones To a mighty chorus of yawns from those who are not lawyers specialising in wills and trusts, this new Act was passed in 2009 and becomes law on 6 April 2010. What practical difference will it make? There are two main...

Lasting Powers of Attorney

Author: Vicky Raynes Diminishing mental or physical capacity is a worry for many people, either for themselves or in relation to an elderly relative. Who will be able to pay the bills? Will my son or daughter be able to sell my house to fund residential...