Gifting millions under Lasting Power of Attorney: the JMA case

4 October 2018

One of the less talked about implications of losing capacity in old age is that Inheritance Tax (IHT) planning often becomes impossible without court intervention.  Incapable wealthy family members cannot make gifts because they lack the capacity to authorise them.  Even if they have had the foresight to sign a Property & Financial Affairs Lasting […]

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Attorneys and gifts

15 February 2018

The Public Guardian’s new ‘Practice Note PN7: giving gifts’ is a must-read for any attorney appointed under an Enduring or Lasting Power of Attorney, or deputy, faced with the thorny issue of whether they can use the incapable donor’s funds in a transaction which is not for value – such as a payment by way […]

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A new look for The Wealth Lawyer UK

26 October 2017

We’ve given our Private Wealth blog, written by partner Helena Luckhurst and team, a refresh! Discover bite sized legal briefings on the UK wealth structuring, asset protection and tax issues affecting your HNW clients, every fortnight. And now you can register to receive briefings by email.

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Legal 500 ranks Fladgate’s private client team

26 October 2017

Fladgate LLP is delighted that its private client team has been ranked for ‘personal tax, trusts and probate’ in the recently launched 2017 edition of the Legal 500 Guide to the UK Legal Profession. Editorial states: Matthew Bennett heads the department at Fladgate LLP, and advises UK and foreign nationals and their families on the […]

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Appointing joint attorneys? Here’s a welcome clarification of the law

17 November 2016

Lasting Powers of Attorney are an essential wealth management tool for anyone who directly holds UK assets and can name at least someone whom they trust to take decisions on their behalf. They are often made by individuals concerned about who would continue to make decisions about their finances or their health and welfare if […]

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Can I take instructions from my client’s attorney?

5 March 2015

You have been managing your client’s money for many years when, out of the blue, you are contacted by someone claiming to be your client’s attorney. The attorney is brandishing a copy English Property and Financial Affairs Lasting Power of Attorney (LPA), certified on every page (as it should be) by the donor (i.e. the […]

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‘One man, two guvnors’: appointing deputies in the Court of Protection

17 July 2014

Since February, when the President of the Family Division and the Court of Protection issued practice guidance on the publication of Court of Protection decisions, there have been many more Court of Protection cases reported in the mainstream press. If publication of cases raises awareness among the general public of the benefit of planning for […]

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Health & Welfare Lasting Powers v Advance Decisions

12 December 2013

Some of my clients have definite views as to how they would like to be cared for or treated in the event that they lack capacity to explain their wishes in future. Knowing that your wishes will be respected brings peace of mind. English law provides individuals with two key choices – a Health & […]

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A ‘how to’ for attorneys and deputies

3 October 2013

When a person loses capacity to look after their UK situated assets, usually someone has to assume responsibility for their management. The well advised have often made an Enduring Power of Attorney, or nowadays, a Lasting Power of Attorney naming someone they trust to act as their attorney. For everyone else, there’s the Court of […]

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A tip for Lasting Powers of Attorney

15 August 2013

Lasting Powers of Attorney should be regarded as central to any family’s wealth planning armoury. Even non-UK domiciled individuals should make one if they directly own UK assets (something that those de-enveloping UK real estate from offshore structures into direct ownership should be being advised about, but that’s another story). It is no laughing matter […]

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