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Bloomsburry Family law

Wills, Trusts & Probate

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.

New Fees at the Public Trust office By Martin Terrell

One of the most common complaints about the Public Trust Office has been the level of fees charged to its clients. It has been a well founded criticism that a patient, who has already lost control over his affairs has to pay for the privilege of having his affairs monitored by the Public Trust Office.These costs must furthermore be paid out of his taxed income. If the patient is even more unfortunate to lack a friend or relative to act as his receiver then he must have the Public Trustee take on this role. The cost of having the Public Trustee as receiver is even higher and it is hardly a consolation to know that the cost would be even higher but for the charges levied on patients with private receivers.

Case Study: Mrs Collins

Background: Lady aged 82, recently widowed from a second marriage where her husband had run all the finances. The client was the sole beneficiary of her husband''s estate of over £200,000 and was referred to the IFA by the solicitor with concerns to improve her income stream and address long-term care provision.

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