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Private Client Law Blog

7 February 2018

Speak now or forever hold your peace: A daughter’s failed attempt to prevent her father’s remarriage and protect her inheritance

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.  

Katie Allard

9 January 2018

How to ensure your funeral wishes are respected

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.

Stephanie Mooney

2 January 2018

As an attorney, do I have access to an incapacitated person’s 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. 

Sameena Munir

14 December 2017

Choosing executors for your will – pro or no?

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.

24 November 2017

A short guide to the accommodation conundrum

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.  

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