We all think we know how the Mental Capacity Act applies to statutory wills, but the court’s guidance in the recent cases of Re G, Re M and Re P needs to be mastered. Our experts will explain it in the statutory wills update webinar, while covering Court of Protection applications and deputyships in another. Protecting elderly clients’ assets, and protecting the clients themselves from financial abuse, requires special skills and know-how. Our presenters will share their experience. Lasting Powers of Attorney are still throwing up issues of principle and practice as they bed down, so are dealt with in a carefully-targeted webinar. The continuing boom in contentious probate work is also covered – with special attention to lifetime strategies for avoiding litigation post-death. Private client practitioners will be particularly interested in the two webinars which focus on will and trust drafting, melding a practical approach to each, with tax tips and pitfalls. The ever popular webinar updating on non-contentious probate issues, is another one not to miss.
~ Thomas Dumont, Barrister, Radcliffe Chambers
Forthcoming Webinars
Here is the schedule of forthcoming webinars for this practice area.
On Demand Webinars
Here is a list of previously broadcast webinars that are now available on demand.
10th Mar 2011
Care for The Elderly and Trusts
This webinar covers:
Protecting the assets of the elderly and vulnerable client
• Lasting Powers of Attorney
• Deputyships
• Trusts
• The capable but vulnerable client
26th Apr 2011
Charities as beneficiaries under wills: drafting, administering and litigating
This webinar covers:
• Will drafting: common pitfalls-identification, gifts for specific/general purposes, foreign charities, amalgamations/mergers
• Administration issues-getting the IHT apportionment right, CGT and appropriation, proper accounting/tax deduction certificates
• Effective communication: providing timely information, choosing a lead charity, recognising the charities position
• Nil-rate band legacies and legacies in general following on from the RSPCA case
• Ensuring misdescribed legacies end up in the right place
• Disappointed relatives and friends and the scope for ex gratia payments
• Changing court attitudes - family rights not testamentary freedom?
• Balancing trustee obligations - securing entitlement or reputation?
11th May 2011
Probate Update – What’s New About Death and Taxes
This webinar covers:
• Latest - the review of Non-contentious Probate Rules and practice
• The probate application form - the practitioner's responsibility
• Application for orders to establish the applicant's title
• Review of recent case law on contentious probate applications
• Inheritance tax update
15th Jun 2011
Estoppels: Fighting Them and Using Them
This webinar covers:
• The need for an assurance
• Establishing and defending detriment
• The remedy
• Estoppel or constructive trust Cook v Thomas 2010 CA
• The quality of the representation Thorner v Major 2009 HL
• What qualifies as detriment Henry v Henry 2010 UKPC
16th Sep 2011
Mad, bad or dangerous to know! – Contentious probate update
Challenging or defending a contested will is a complex task to undertake, requiring careful preparation and clear understanding of the rules and recent case law. Our webinar will ensure that you are fully up to date with all the legal and regulatory developments and our expert speakers will offer you top tips and best practice on receiving the initial instructions to ensure that you avoid future problems.
This webinar covers:
• Avoiding problems over instructions and execution – why not put it on DVD?
• Recent cases from modern judges
• Probable changes under the proposed new NCPR
28th Oct 2011
Lasting powers of attorney – the latest developments
Lasting powers of attorney, which were created by the Mental Capacity Act 2005, extended the previous enduring powers of attorney to cover not only financial affairs but also significantly, health and welfare. Our expert speakers will offer practical guidance on when and how to apply to the court and talk you through the impact of the latest case law.
This webinar covers:
• When to apply to court
• Case law round up
• Future of the OPG
• Revised forms and their use
• Substitute appointments
• Replacement appointments
• Restrictions and conditions
• Certificate of capacity
• Personal Welfare LPAs
• Powers of the Court/OPG
21st Nov 2011
Statutory wills update: how the best interests test is bedding down
The Mental Capacity Act 2005 gave the Court of Protection the right to make a will on behalf of a person who lacks capacity. Its powers to do so are not arbitrary and need to be based on the principle of whether the decision is in the person’s best interests. Our expert speakers will examine how this test has been interpreted in recent case law and offer you practical tips on how to approach this sensitive subject.
This webinar covers:
• Re P [2010] Ch 33 - A new approach
• Re M [2009] EWHC 255 - Structured decision making
• Re G [2010] EWHC 3005 - Weighing the factors
• A recent will of disputed validity – Re D [2010]
• Best interests and wishes in an enabling jurisdiction
21st Feb 2012
Elderly clients – asset preservation, care home fees and abuse
With an ageing population and the Government under pressure to make savings, finding the best way to finance care for the elderly is proving difficult. Increasingly pressure is put on the elderly themselves to pay their care home fees and many fear that they will not be able to leave their children the inheritance they have built up over their lifetime.
Our webinar will offer you practical tips on the best means for asset preservation.
This webinar will cover:
• An overview of the Department of Health's Charging for Residential Accommodation Guide (CRAG)
• Using will trusts for asset protection
• Using lifetime trusts for asset protection
