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Wills & Probate Blog

Our Wills and Probate solicitors regularly write about related legal topics and breaking news, we welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 01616 966 229.

 

Annual reports for Court of Protection appointed deputies

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An annual deputy report must be completed for all Court of Protection deputyships. Deputies are required to complete an annual report each year explaining the decisions they have made as deputy and submit the report to the Office of The Public Guardian...

Power of Attorney Act 2023 - improving access to lasting powers of attorney

Charlotte Huxley
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A new bill, named the Powers of Attorney bill has just received royal assent on 19 th September 2023, initially brought before Parliament in June 2022. This new act is now named the Powers of Attorney Act 2023 and brings a number of changes to the...

What is a statutory legacy?

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When someone dies without leaving a valid Will, they die ‘intestate’. The law will then dictate who will receive the assets of the deceased. If you die intestate, and you are survived by a spouse or civil partner and by your child or children,...

What is the difference between a Lasting Power of Attorney and a Deputyship Order?

Paige Richards
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Both Lasting Powers of Attorney and Deputyship Orders, are legal documents created to provide people with legal authority to make decisions on behalf of someone who has lost mental capacity. A Lasting Power of Attorney allows you to nominate someone...

If I have made a Will, do I need a Lasting Power of Attorney?

Emily Coleman
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A Will and Lasting Power of Attorney are different legal documents that serve different purposes. Having a Will in place allows you to choose who you would like to manage your affairs after death, this would be your Executor and you can choose who you wish...

Can a court appointed deputy be changed?

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A deputy for property and finances is appointed by the Court of Protection, to manage the property and affairs of a person who lacks capacity to manage their own affairs. All deputies must act in accordance with the principles set out in the Mental Capacity...

Do I need a solicitor to administer an estate?

Charlotte Huxley
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In short, no, you do not need a solicitor to administer an estate however you may need to employ the services of a solicitor to assist you in certain circumstances, particularly if there is inheritance tax to pay, there are trusts or the deceased had...

What is the Court of Protection?

Paige Richards
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The Court of Protection is a court which makes decisions or appoints someone (a 'deputy’), to help make decisions on behalf of a person (a ‘donor’) who lacks mental capacity. Anybody can apply to become a deputy; however, they must be...

What do you need to do when someone dies?

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If you have just lost someone whether a friend or relative and you are wondering what the next steps are. This guide will take through the steps you need to consider and provide you with enough information to be able to carry out your duties...

What duties does an executor of a Will have?

Emily Coleman
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Being an executor of a Will has many responsibilities. It is the executor’s role to administer the estate of the deceased person. The duties of an executor involve sorting out everything the deceased person owned, including any property, money, and...

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