Broadly speaking, if someone cannot make a certain decision for themselves, they are often said to ‘lack capacity’ to make the decision. Capacity is function specific, based upon the decision at hand that needs to be made. The legal framework applying to mental capacity can be found in The Mental Capacity Act 2005 (MCA). This…
In order to make a Will in England or Wales, the law requires you to understand fully what you are doing and its implications. This is known as having “testamentary capacity”, which is a special category of capacity. Broadly, in relation to making a Will, it relates to whether a person is capable of understanding:…
General power to buy or sell property under a power of attorney An attorney under a registered EPA or financial LPA may make decisions about anything that relates to the donor’s property and financial affairs. This includes buying and selling property, and this can be done without obtaining the consent of the Court of Protection,…
Imagine your property is like this red apple: If you own your property as joint tenants, then you both hold this red apple together as a whole. If one of you dies, then the apple passes in its entirety to the survivor automatically, so the survivor ends up owning the whole apple on their own….
It is often the case that when a person dies the biggest asset they leave as part of their Estate is their property. In areas of the South East of England especially, the equity in such properties could be substantial. It is therefore very important for the executors to secure that asset, sell it on…
By acting as an Executor you take on a key responsibility to protect the estate of the deceased. In many cases the substantial asset of the deceased is the former family home so you must act quickly to protect the asset. What are the steps you should take if the property is unoccupied? You should…
The importance of the Health and Welfare Lasting of Power of Attorney has been highlighted recently with the Covid-19 vaccination. Many of the elderly and vulnerable members of society have already received their first vaccination. If you or a family member have not taken up your vaccination appointment then what can and what can’t you…
Many of us decide to start a new year with a New Years Resolution; it may be to eat less chocolate, try out a new craft or to exercise more. The staff at Barrett & Co are no exception. In January 2021, our Private Client Solicitor Charlotte Corcoran decided to challenge herself and signed up…
Good Morning Britain presenter and former I’m a Celebrity Get Me Out of Here contestant, Kate Garraway, has this month spoken out about the financial struggles she and her family have faced whilst her husband has been in hospital battling Covid-19; purely because he did not have a Power of Attorney in place. Derek Garraway,…
We are delighted to announce that Barrett and Co has once again been rated as one of the three best estate planning solicitors in Reading. Three Best Rated gave Barrett and Co’s Hilary Buckle five stars and have rated us as one of the best in Reading. Three Best Rated is an independent website and…
