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Insights

What’s the Difference Between an Attorney and a Deputy?

Posted on 24th October 2023 in Probate & Wills, Later Life Planning

The day-to-day steps taken by attorneys and deputies are quite similar – but there are some important differences. This question-and-answer document may help to answer some of the more frequent questions people have. 

Posted by

Sarah Phillips

Associate & Chartered Legal Executive

Insights

Should I Transfer My Home to My Children?

Posted on 24th October 2023 in Probate & Wills, Later Life Planning

For many people, the family home is their principal asset and a question which we regularly get asked by our clients is whether they should give away their property, or whether they should put it into joint names with their children.

Posted by

Naomi Hoare

Senior Associate & Solicitor

Insights

Parliament Passes Bill on Digital Lasting Power of Attorney

Posted on 03rd October 2023 in Probate & Wills, Later Life Planning

The UK Parliament has now passed the Powers of Attorney Bill enabling the Office of the Public Guardian to introduce a new system for Lasting Powers of Attorney (LPAs).

Posted by

Emma McAdam

Solicitor

Insights

Avoiding Errors in Lasting Powers of Attorney: New OPG Guidance

Posted on 21st September 2023 in Later Life Planning

Lasting Powers of Attorney (LPAs) are lengthy documents which, as people will often know from experience, can offer many opportunities for mistakes. LPAs are used to appoint attorneys to deal with your affairs, should you need help or become unable to make decisions for yourself.

Posted by

Emma McAdam

Solicitor

Insights

An Unwelcome Stress: Probate Registry Delays Creating Additional Interest

Posted on 17th August 2023 in Probate & Wills, Later Life Planning

At a time when bereaved families already have so much to manage, the prolonged delays in the issue of Grants of Probate is not only costing time but, in some cases, money.

Posted by

Alice Carter-Tyler

Solicitor

Insights

Can I remove an attorney from my power of attorney?

Posted on 04th April 2023 in Later Life Planning

Attorneys’ circumstances, or their relationship to the donor, could change and they may no longer be suitable to act.

Posted by

Emma McAdam

Solicitor

Insights

Less than a month to make those (Capital) gains!

Posted on 07th March 2023 in Later Life Planning

As part of the cutbacks in the Autumn Statement last year, the government confirmed that each person’s Capital Gains Tax allowance is to be reduced from 6th April 2023.

Posted by

Rachael Morley

Partner & Solicitor

Insights

Changes to the application process for property and financial affairs deputyships

Posted on 20th December 2022 in Later Life Planning, Safeguarding Vulnerable Clients

Applying to become a person’s deputy for property and finances can be a lengthy and complex process. Applications often take upwards of six months to complete, even for relatively straightforward cases.

Posted by

Emma McAdam

Solicitor

Insights

Record delays for registering LPAs with the Office of the Public Guardian

Posted on 22nd November 2022 in Later Life Planning

The England and Wales Office of the Public Guardian (OPG) is still experiencing delays with the registration of Lasting Powers of Attorney (LPAs).

Posted by

Sasha Brennan

Solicitor

Insights

Sample court order for appointing a deputy

Posted on 31st October 2022 in Later Life Planning, Safeguarding Vulnerable Clients

The Office of the Public Guardian has released a sample Court Order appointing a deputy for property and financial affairs. This contains all of the powers deputies would usually be granted to deal with a person’s finances, as well as any restrictions on their powers.

Posted by

Emma McAdam

Solicitor

Insights

New guidance for deputies selling property

Posted on 21st October 2022 in Later Life Planning, Safeguarding Vulnerable Clients

Lay-deputies may not be aware of the potential difficulties of selling a person’s property. Although this is a common task for deputies to become involved in. The Court of Protection and professional legal bodies have produced new guidance confirming the steps and issues for deputies to consider when selling property.

Posted by

Emma McAdam

Solicitor

Insights

Are transfers between siblings exempt from Inheritance Tax?

Posted on 29th September 2022 in Later Life Planning

It is widely known that in the UK the Inheritance Tax exemptions available on death have not substantially changed in line with inflation and the increasing value of properties.

Posted by

Sasha Brennan

Solicitor