Articles


Will disputes hit the news - again

Dec 01, 2015

Many of you will have seen the brief feature on the BBC Breakfast News on 7th October, featuring a disappointed beneficiary.  The background was that his father had died, leaving all his estate to his second wife. It appears that the couple had ‘mirror wills’, i.e. wills which reflected each other in content. So each party left their estate to the survivor;…

Lasting Powers of Attorney – too complicated?

Aug 14, 2015

A recently-published Court of Protection (COP) case has shone a light on the extent of the powers of the Office of the Public Guardian (OPG) to refuse registration of Lasting Powers of Attorney (LPAs). In XZ v Public Guardian [2015] the matter put before Senior Judge Lush was whether or not the Public Guardian had been correct in not allowing the registration of the LPA in question. As a…

Honesty is the best policy!

Apr 21, 2015

The office of executor is a position of huge responsibility and can often become a burden if due care and diligence is not taken at every turn. The annals of law are littered with cases of executors falling foul of negligence and even misconduct, often paying a heavy price for their actions.  Broadly speaking,…

Separated but not divorced?

Apr 21, 2015

Readers who live apart from their spouses or civil partners, but who have not formally dissolved their relationships, are warned that following changes to inheritance law brought into effect in October 2014 by the Inheritance and Trustees' Powers Act 2014, your 'ex' may have the right to inherit the whole of your estate if you die without leaving a valid will and have no children.

DIY Executors

Jan 12, 2015

Claims against dishonest executors have trebled in 12 months, according to the Law Gazette.  The increase in the number of claims is thought to result from the appointment of friends and family members as executors rather than professional executors such as solicitors. There are many reasons for using a professional executor, such as:

Cost of informal arrangements

Sep 10, 2014

A woman who sold her mother’s house in order to buy her a more suitable home has been left with a large legal costs bill as a result of her action. Her mother is incapacitated by dementia and unable to look after her own affairs. The resulting court case shows how important it is for anyone acting on behalf of another person to be scrupulously careful and to take professional advice…

Misappropriation case highlights value of using Professionals

Jul 31, 2014

A sad recent case illustrates the wisdom of appointing a professional person to assist when substantial family funds are being administered.  The case involved a disabled woman who received a settlement of £2.6 million in 1999 from Grimsby Scunthorpe Health Authority as a result of negligent treatment at the time of her birth. She suffers from cerebral…

The new Care Act 2014 comes into force

Jul 14, 2014

The Care Act 2014 was given Royal Assent on 14th May 2014. The Act deals with several aspects of social care and the financing of social care

Retirement: A Time to Take Stock

May 12, 2014

Many people, when approaching retirement or shortly after having retired, take the opportunity to review their financial and personal affairs. This is often a time when they realise that their priorities for the future have changed, now that they are older and their children have grown up. For example, whereas previously Inheritance Tax was their main concern, now it is the potential cost of future…

Making Gifts and Using Your Assets

Apr 15, 2014

In our previous issue we discussed making gifts and taper relief and we now move on to explore the way in which lifetime gifts can be challenged if there is a possibility that funds may be required to pay for long term care or nursing home fees. Most people are aware that they may need to pay for their residential care, if they cannot continue to live in their own homes. If they have reasonable…

Welcome to the Barrett and Co Articles Library, here you will find articles on many relevant and interesting topics. This section will be updated every few months so check back regularly. If you have any suggestions for articles please email [email protected] or use the Contact Form on the right.

Please note that whilst we make every effort to make sure that these articles reflect the law at the time they are written, they are not maintained as the law is constantly changing and affects each person or business in different ways. If you require specific advice on a matter please call our office or email the relevant solicitor and they will be happy to assist you.

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