Dementia, brain injuries and mental health problems can make managing money a struggle. An attorney or a deputy with authority to manage the property and money of someone who has lost capacity (“P”) can make various decisions including making gifts on P’s behalf.

The Mortgage Repossession (Protection of Tenants etc) Act 2010 came into force at the beginning of October 2010.

A Lasting Power of Attorney (LPA) can be a useful tool when people become incapable of running their own financial affairs. An LPA allows someone, of the donor’s choice, to step in and take control of the donor’s finances.

Trusts are tax efficient and afford flexibility to a person who wishes to pass assets to certain people during their lifetime or upon their death.

On 27 April 2017, the Guardianship (Missing Persons) Bill received Royal Assent and became the Guardianship (Missing Persons) Act 2017. The Act is not however yet in force. The Government anticipates that it may be implemented in 2018.

Attorneys and deputies have the authority to make financial decisions on behalf of someone who no longer has the capacity to make such decisions.

Lord Templeman was a very well renowned member of the judiciary and his legacy in respect of private client law continues to dictate best practice today. Lord Templeman is particularly known for his advent of the “golden rule” surrounding testamentary capacity.

A will is a legal document which records how an individual would like to dispose of their estate after they have passed away.

In an unusual proprietary estoppel case, Wills v. Sowray, two brothers found themselves disputing a claim by the daughter of their deceased friend, Tony Sowray, that they were not entitled to inherit his farm despite an understanding that they would do so.

In 2021 the High Court ruled that Evan Richard Hughes' final will was invalid as he lacked the necessary testamentary capacity when he made his will. This was decided even though both a solicitor and medical professional determined that he did have the required testamentary capacity at the time of making his will.