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Private Client Law Blog

13 February 2025

Vulnerable individuals and financial abuse: what to look out for

We increasingly encounter situations where a vulnerable person may have been financially abused by a third party. A recent study by STEP found that financial abuse is increasing and it is most prevalent where there is uncertainty about whether a person lacks capacity or their decision-making ability is in decline.

Laura Phillips TEP

13 February 2025

Supporting a loved one with capacity issues

Supporting a loved one with capacity issues can be very challenging, as well as emotionally distressing. In this article we explore some practical considerations and offer tips and advice to support a loved one in these circumstances.

Jemma Garside

13 February 2025

Capacity to make a Will (“Testamentary Capacity”)

For a Will to be valid, amongst other things, the person making the Will (known as the “testator”) must be of “sound mind”.

Simon Hardy

13 February 2025

Capacity to marry and make a prenuptial agreement

The test for capacity to enter a prenuptial agreement is the same as the normal test for capacity (mentioned in Blog 1) and the individual must be capable of understanding their assets and the nature and effects of the contract they are entering into.

Simon Hardy

13 February 2025

Capacity to act as an executor

An executor/executrix is a person named in a Will who is responsible for carrying out the instructions in a person's Will and administering their estate. Executors can have a number of responsibilities following someone’s death, including: securing, insuring and clearing the deceased’s property, collecting in all the deceased’s assets, paying outstanding bills, distributing the estate, arranging the funeral and applying for probate.

Simon Hardy

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