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Lasting Powers of Attorney – the debate

Nicola Waldman

Posted by Nicola Waldman | Partner
On 16th August 2017

Denzil Lush (former Senior Judge of the England & Wales Court of Protection) has been widely quoted in the press, talking about the lack of safeguards with Lasting and Enduring Powers of Attorney (LPA’s and EPA’s) and warning of the risk of abuse by attorneys. He refers to the alternative – the appointment of a deputy by the Court of Protection, as having been ‘demonised’.

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Probate Court Fees – A Reprieve?

Nicola Waldman

Posted by Nicola Waldman | Partner
On 7th April 2017

The proposed increase in probate court fees may now be delayed, if not abandoned, after stumbling at their final hurdle. The parliamentary committee on statutory instruments have said that the Lord Chancellor might be “acting beyond the enabling powers…because she would, in substance, be imposing a tax on estates rather than prescribing probate fees”. As they said: “It is an important constitutional principle that there is no taxation without the consent of Parliament” and so the ball is now firmly back in the government’s court.

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A valid Will – it’s how – not where…

Nicola Waldman

Posted by Nicola Waldman | Partner
On 15th March 2017

In the case of Wilson v Lassman, the High Court has upheld the validity of a will that was witnessed on the bonnet of the testator’s car.

The background to this case was a disgruntled son who had been disinherited by his father’s will. He wanted to bring a claim out of time under the Inheritance (Provision for Family and Dependants) Act 1975, but latterly amended his claim to raise the issue of whether the will was valid at all under s9 Wills Act 1837.

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More ‘death taxes’ on the way…

Nicola Waldman

Posted by Nicola Waldman | Partner
On 6th March 2017

Not only have the Ministry of Justice (MoJ) decided to press ahead with a significant rise in probate fees, but it seems that the Treasury is considering a compulsory levy to fund social care costs. The levy would be taken out of someone’s estate when they die, whether or not they needed social care during their lifetime.

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