All Private Client Solicitors articles – Page 5
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FeatureMexican wave
Abel Francisco Mejía-Cosenza summarises key points of Mexican private client law
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FeatureNo picnic in the park
Ryan Taylor looks at Hudson v Hathway and the question of whether detrimental reliance is necessary in a claim asserting a common intention constructive trust
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FeatureMisconduct matters
As the SRA takes an increasingly tough line on sexual misconduct in the profession, Andrew Katzen sets out what law firms should know about the regulator’s investigatory process
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NewsMinistry of Justice decides not to proceed with small payments scheme
Following a consultation, the MoJ will not change the Mental Capacity Act in contrast with our response.
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EventWebinar: Acting in transactions where the owner lacks mental capacity (On Demand)
Watch this webinar to learn about the basic principles of beneficial ownership and what is best practice in these transactions.
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FeatureIn the red: debts, insolvency and duties of personal representatives
As the cost-of-living crisis and talks of another recession increasingly hit the headlines, Roman Kubiak, partner and head of the Contested Wills, Trusts and Estates team at Hugh James, and Emily Peacock, trainee solicitor, discuss the thorny topic of debts, insolvency and the duties of personal representatives.
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Feature
Registering lasting powers of attorney: An OPG update
The Office of the Public Guardian (OPG) know the delays are frustrating for customers and it is committed to reducing the time it is currently taking to register lasting powers of attorney (LPA).
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FAQLibrary FAQ: where can I find precedents for flexible life interest trusts?
The Law Society library gives details of sources of precedents for flexible life interest trusts.
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OpinionHard times
Sarah Murphy, chair of the Private Client Section, reflects on what has been a difficult period for the country
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FeatureIn a bind
Daphne Franks has campaigned to change the law since she lost her mother, who had dementia, to a predatory marriage. At one point, she struggled to get people to listen. Now, her campaigning will likely shape the legal future of wills and weddings in England and Wales. She spoke to ...
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FeatureSuspicious minds
Significant changes to a testator’s previous wishes, or wills created without professional advice, can lead to doubt over the validity of a will. Stephanie Kerr examines two recent cases with suspicious wills
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FeatureBack to Basics: Fluctuating capacity
Tim Bennett explains what you need to know about fluctuating capacity, and offers a range of different practical scenarios where capacity is flucuating
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FeatureCrossing borders
Alberto Perez Cedillo looks at how the EU succession regulation can work with third-party states, such as the UK
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FeatureA fact of life
Craig Matthews, LEAP, looks at how the technological revolution can help private client lawyers improve their service
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FeatureActing the part
Roman Kubiak and Meg Edwards investigate the often contentious issue of trustee remuneration, with reference to the latest case law
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FeatureClause for thought
Charles Fraser looks at how to appoint guardians, and considerations that should be taken
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FeaturePlaying it safe?
Richard Dew and Sheree Green examine the Law Society’s response to the government’s consultation on changes to the Mental Capacity Act Code of Practice and discusses fears about weakened safeguards for those who do not have capacity to make decisions
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FeatureTrusting in change
Philip Warford and Scott Clayton look at the latest changes to trusts for disabled people
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FeatureBrought into relief
Paul Saunders examines the circumstances in which capital gains tax main residence relief can be claimed in an estate, with HMRC responses to a range of typical scenarios