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Guardianship (Missing Persons) Act 2017: draft code of practice published
The disappearance of a loved one is a deeply traumatic experience for their family and friends. As well as coping with the shock and anxiety of the situation itself, as time passes more practical problems emerge – such as paying bills on behalf of the missing person. The Guardianship (Missing Persons) Act 2017 is intended…
Appointment of personal welfare deputies: Court of Protection clarifies principles
The Court of Protection has set out some helpful guidance on the principles to apply when deciding whether to appoint a personal welfare deputy. Personal welfare deputies can be appointed to deal with decisions concerning personal welfare issues (such as medical treatment, housing, care etc.) which cannot be made by the person who has lost…
The Residence Nil Rate Band
The Residence nil rate band The ‘Residence Nil Rate Band’ (RNRB) aims to remove more family homes from the inheritance tax (IHT) regime. The RNRB is now available for individuals who leave their main residence to direct descendants such as children or grandchildren (and this can include step-children). Where available, the RNRB will serve as a…
Public Guardian issues updated guidance on gifting for attorneys & deputies
To gift or not to gift… A dilemma often faced by an individual’s (“P”) attorney/deputy. Pressure to gift P’s assets can result from the financial difficulties of P’s friends and family, a wish to save inheritance tax, misguided attempts to avoid paying for long term care fees or even directly from P. An attorney/deputy considering…
Powers of Attorney: Public Guardian fee refund scheme
The Office of the Public Guardian’s (“OPG”) is offering a partial refund of fees to those who paid their registration fees when applying to register lasting or enduring powers of attorney between 1 April 2013 and 31 March 2017. During this period, the OPG’s operating costs came down as more people applied to register a…
A simple Will?
When meeting a Will client for the first time, the phrase “I just want a simple Will” is often deployed early in the conversation. Over the years I’ve come to accept that this defensive opening gambit is borne of the assumption that solicitors complicate everything because complexity means a higher fee. Searching questions are assumed…
Probate fees to increase by up to 12,900%
The Government has published the results of its recent consultation on probate fee reform. Full details of the consultation can be found at http://bit.ly/2lApYvW. The following sets out a brief overview of the proposals and our view of the implications. Grants of Representation A Grant of Representation (‘Grant’) is the generic name for the formal…
5 common mistakes on entering care
There are approximately 430,000 people living in care homes in the UK but for anyone speaking to the relevant statutory bodies at the time of entering care, you could be forgiven for thinking you are the only one. The fragmented nature of the care system and the benefits system mean that you are rarely provided with…