The Eric Whitehead Partnership

The Court of Protection is a special Court created by the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. Court of Protection applications are invariably long winded, stressful, intrusive and very expensive. Unfortunately, sometimes they are absolutely necessary. One way that a person can reduce their chances of ever being exposed to dealings with the Court of Protection is to execute a document known as a Lasting Power of Attorney (lpa). If this is done, then a person can appoint a relative or friend to deal with issues relating to their property and finances and/or health and welfare (there are two different types of LPA, to deal with both scenarios) in the event of...

A public consultation by the Law Commission, launched on 13th July, is “a welcome step towards updating our will-making laws to keep them fit for purpose in the 21st century”, the Law Society has said. Under laws which date back to 1837, a Will needs to be made in writing and signed by the Testator and two witnesses in order to be valid.  The Law Commission believes that the current rules are unclear and that the current system is outdated and needs to keep up with the digital age. In the consultation paper, the Law Commission proposes: Giving the Courts power to recognise a Will in cases where the formality rules have not been followed, but the Testator has made clear their intentions; An overhaul of the rules protecting those making a Will from being unduly influenced by another person; Applying...