All Private Client Solicitors articles – Page 45
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FeatureMatter of form
Melinda Giles unpicks the new lasting power of attorney forms, which came into force on 1 July, and looks at some of the most important changes on professional charging and when attorneys can make decisions
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FeatureOur nation’s good
The acceptance in lieu and cultural gift schemes provide means to transfer objects, land and buildings into public ownership, in return for the settlement of tax liabilities. Paul Fairbairn explains the tax planning opportunities they can offer
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FeatureNo place like home
Sarah Playforth looks at the purchase of a home for someone who lacks mental capacity
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FeatureShow some restraint
‘Forced’ sterilisation, or proportional safeguarding? Hannah Gomersall examines the Mental Capacity Act’s approach to intervention and restraint in the light of recent Court of Protection case law on the ‘less restrictive’ option
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FeatureSummer sums
What will the first all-Conservative budget for almost 20 years mean for private client advisers and their clients? Patrick Connolly summarises the main changes to the inheritance tax, pensions and personal taxation regimes
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EventPrivate Client Section: Elderly Client Care Conference 2015 (16 October, London)
On 16 October 2015, the Law Society brought together lawyers, doctors, academics and representatives from the charity sector at this annual event at Chancery Lane, explaining what solicitors need to know when dealing with the unique challenges of elderly client law. Angela Rippon OBE spoke as ambassador of the Alzheimer’s ...
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AnalysisCourt of Appeal reverses deathbed gifts decision
The Court of Appeal has restated the law relating to donatio mortis causa, and clarified the test to be applied in determining such claims, explains Lesley King
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EventPodcast: Mediation in resolving contentious probate disputes (ADR)
This podcast is a recording of coverage of of one of the Private Client Section’s 2015 seminars. The seminar is presented by Miranda Allardice of 5 Stone Buildings, and Barbara Rich
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AnalysisSpotlight: Re MN (Adult)
This appeal raises fundamental questions as to the nature of the Court of Protection’s jurisdiction. What guidance can it offer us?
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AnalysisSpotlight: Re X (Court of Protection Practice)
The Court of Appeal has confirmed that both domestic law and the requirements of article 5 of the ECHR currently mandate that P is joined to proceedings for judicial authorisation of the deprivation of their liberty
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AnalysisSpotlight: Sharp v Hutchins
The High Court has upheld the 2013 will of an elderly bachelor who left his estate to a builder he befriended, leaving the beneficiaries of an earlier will disappointed. Matthew Duncan considers its significance to practitioners
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AnalysisHave I the right?
The public guardian has been criticised by the Court of Protection for refusing to register a property and financial affairs LPA. Lesley King explains why
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EventPodcast: Elderly client update (22 January 2015)
This podcast is a recording of one of the 2015 Section regional seminars. Helen Clarke provides an elderly client update, including coverage of the Care Act
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FeatureManual handling
Helen Clarke reviews the first guide for practitioners on the Care Act 2014 to hit the market
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FeatureDigging deep
It’s over 10 years since HMRC introduced the DOTAS regime. Tony Monger and Dave Jennings consider how it has worked in practice, and whether strengthened rules will signal the end of the tax avoidance industry
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FeatureOpportunity knocks
Ian Cooper outlines three simple steps for building your private client business
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FeatureFor the record
John Galvin explains why health and welfare lasting powers of attorney should not be overlooked as part of later life planning, and argues for the inclusion of a clause giving attorneys access to medical records