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Bloomsburry Family law

Wills, Trusts & Probate

Case note - overpayment of benefits

A recent Commissioners Decision (CA/1014/1999) has considered the relative liability of social security appointees and attorneys where an overpayment of benefit is made. This article considers that decision at some length because the clear analysis by the Commissioner (Mr Jacobs) is likely to be of assistance to all those who are acting for others with regard to their benefit claims.

Checklists: The Trustee Delegation Act 1999

The Trustee Delegation Act 1999, which was enacted on 1st March 2000, altered the position for Powers of Attorney. This is particularly relevant to Private Client and Conveyancing Lawyers. The following charts compare the position for Enduring Powers of Attorney, General Powers of Attorney and Trustee Powers of Attorney, before and after the Act, and highlight the problem areas.

Will drafting and potential claims

The purpose of this article is to suggest to will draftsmen certain steps that might be taken in order to reduce the possibility of a 1975 Act claim being made for provision out of the estate of the testator (T). However, it has to be borne in mind that, whatever steps are taken in that regard, there is nothing, other than inability to fund the litigation, that can prevent an eligible applicant from making a claim.

Statutory Wills - Making Wills for People Without Capacity

Practitioners dealing with elderly and incapable clients will no doubt be familiar with the jurisdiction of the Court of Protection in making a statutory will for a person without testamentary capacity. It is often self-evident when such a will might be necessary and the procedures involved are well-established.1 For instance a person may have made a will appointing executors and leaving assets to beneficiaries who have died, or left a specific asset which has been sold. Circumstances change and just as the capable testator should keep his will up to date so too does the incapable testator have a means of having his will brought up to date.

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