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Bloomsburry Family law

Wills, Trusts & Probate

Decision-making and mental capacity: a transitional stage

This is a transitional stage in the development of mental health law. New legislation is imminent, as a new bill has been introduced to reform and revise the Mental Health Act 1983. This was preceded by further proposals for consultation on the planned legislation and guidance that might be installed as a result of a new Act1. Ray Avards, a community care adviser at Campbell-Taylor Solicitors examines the latest proposals and, using a case history, considers the consequences of the current situation and the possible pitfalls of planned changes.

Book review

Personal Injury Trusts: a solicitor’s guide to founding a compensation protection service. Author: David Coldrick

How to run an elderly client practice: part two

In the last issue of Elderly Client Adviser, Jennifer Margrave, a sole-practitioner, provided some tips on setting up an elderly client office. In the second part of this series of articles, Jennifer continues her discussion with a look at how practitioners should be approaching and dealing with their elderly clients.

The assessment of quantum in Inheritance Act claims

Family provision legislation was introduced by the Inheritance (Family Provision) Act 1938. At that time, there was little question of how to capitalise income requirements as the Court could only order periodic payments. Since then, however, there have been successive amendments to the Act and 1975 Act cases predominantly feature lump sum rather than periodic payment awards. Sidney Ross, a barrister at 11 Stone Buildings, begins this two-part article with an examination of payment awards over the years and how capitalisation of income needs have so far been approached.