Ethnic Minority Lawyers anchor links – Page 8

  • Analysis

    Public Guardian v JM


    The Public Guardian applied to the Court of Protection requesting the court to revoke and direct the cancellation of the registration of a Lasting Power of Attorney and to appoint a Panel Deputy instead.

  • Analysis

    Newcastle upon Tyne Hospitals Foundation Trust v LM


    An application was made by the NHS Trust for a declaration that it would be lawful to withhold a blood transfusion from LM, a gravely ill 63-year-old female Jehovah’s Witness. 

  • Analysis

    Dunhill v Burgin


    When deciding whether a person has or lacks the mental capacity to conduct legal proceedings on her own behalf, the capacity test has to be applied to proceedings as they should be brought.

  • Analysis

    Burnard v Burnard


    The Chancery Division considered the true construction of a will and determined what assets formed part of the deceased’s estate. Applying settled law, there appeared to be a powerful argument that there was a clerical error in naming the wrong company in the will.

  • Analysis

    Watts v Watts


    The Chancery Division considered the validity of a will made by the testatrix while she was in hospital. The court held that, on the evidence, one of the witnesses to the will, a nurse, had been misled into signing it, and had not seen the testatrix sign it.

  • Analysis

    Simon v Byford


    The claimant’s mother had died and left her estate in equal shares to her four children. The claimant had challenged the will on the basis that the mother had not had testamentary capacity.

  • Library image

    Library FAQ: Will precedents for the care of animals and pets


    The Law Society’s Library lists resources that contain will precedents for the care of animals and pets

  • Analysis

    IM v LM and others


    The Court of Appeal held that the test for determining whether a person enjoyed capacity to marry or experience sexual relations included an evaluation of the person’s ability to use relevant information.

  • Analysis

    Great Western Hospitals NHS Foundation Trust v AA


    The High Court granted permission for the Trust to carry out a Caesarean section on a woman suffering from bipolar disorder.

  • Analysis

    Re Nicholas Christou (Deceased)


    A challenge to a will on the basis that it was a forged document, and that the testator did not understand fully and approve its contents.

  • Analysis

    Kevern v Ayres


    The High Court considered whether it could order rectification of a deed without determining whether there had been a mistake. 

  • Analysis

    Catling v Catling


    A contentious probate case brought by the seven eldest children of the late testator, who challenged the validity of her alleged last will, which purported to leave her entire estate to the first defendant, her eighth and youngest son.

  • Analysis

    TA v AA (by his Litigation friend, the Official Solicitor)


    Application for appeal against the dismissal of an application under section 21A, Mental Capacity Act 2005.

  • Analysis

    Markou and other v Goodwin and others


    High Court considered whether the deceased, who suffered from underlying dementia, had had testamentary capacity to execute a will in favour of a defendant who was not a relative.

  • Analysis

    JO v GO


    An application in the Court of Protection by a daughter for the return of her 88 year old mother, who lacked mental capacity, to return to England from Scotland. 

  • Analysis

    RGB v Cwm Taf Health Board and others


    The husband of a woman with Alzheimer’s disease applied for declarations that the defendant health board acted unlawfully in depriving him and/or his wife of a right to family life.

  • PS November 2013 cover

    PS November 2013


    This edition features tax advice in Mehjoo v Harben Barker , lay OPG deputies and attorneys, proprietory estoppel and TOLATA claims in Creasey v Sole , probate software, contested probate, working with LGBT clients, PI claims and means-tested benefits, FATCA, family businesses, and international probate (including Jersey and Belgium)

  • PS September 2013 cover

    PS September 2013


    This edition features will-drafting, LPAs and CoP cases, contentious probate, invalid wills, asset protection trusts, business development, international probate, professional negligence, trustees’ decisions, taxation, advance decisions and HWLPAs, capacity to marry, paying for long-term care, end-of-life care, pre-nups, and IHT reliefs for farming families