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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
In the case of EJ (as attorney for DMM) and SD, the Court of Protection was asked to decide on the relevant test for establishing a person’s capacity to marry in circumstances where it would automatically revoke their will, and subsequently whether the requirements of that test were satisfied in this case.
Many people have very strong and specific wishes as to the nature and conduct of their funeral but they won’t be around to know if those wishes are carried out. Under the present law, the executors appointed under the Will have ownership of the body and are, technically, the decision makers for funeral arrangements. They are not obliged to follow any funeral wishes expressed in the Will.
You have been appointed as an attorney for property and affairs via a Lasting Power of Attorney (LPA). You have a duty, as far as reasonably possible, not to interfere with the donor’s succession plans if they have made a Will.
When we mention preparing a will, many individuals assume the only significant point to consider is the distribution of their estate. Who should benefit? How much should they receive? Of course this is vital, but the appointment of your executors should also be a key consideration.
For those hoping for confirmation of what approach the judiciary is going to take now that JR is settled, sadly, this blog cannot provide that. However, this blog does take stock of the current situation, looks at how we got here and tries to offer some insight into where we might be going.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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