Author: Jessica Jarvis
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What Mazur Means for the Court of Protection
The High Court’s decision in Mazur v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) has landed with unusual force across the profession. What began as a discrete costs appeal over a law firm’s use of an employee without a practising certificate has spiralled into a wider crisis of confidence about who, within a regulated…
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Bargain Wills, Expensive Consequences: The Case for Regulation
A man dies. His partner is left to grieve and discovers that the Will he made online for £19.99 includes a clause she had no idea existed. It names the Will-writing service’s parent company as professional executor and entitles them to 4% of the estate. The company demands nearly £10,000. The house she lived in,…
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Navigating Direct Payments After Lumb: What Deputies Need to Know
Lumb v NHS Humber and North Yorkshire ICB & Anor [2024] EWCOP 57 has become a lightning rod for scrutiny across Court of Protection practice. At its core, the case raised a deceptively simple question: can a professional deputy act as the recipient of direct payments (DPs) and charge P for related management, without express…
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Offshore Trusts, UK Tax, and the Valesca Louwman Case: What You Need to Know
Offshore trusts have long been a way for wealthy individuals – especially those who move between countries – to manage their money. But as governments crack down on tax avoidance, the rules around these structures have become far more complicated. One recent case, Valesca Louwman v HM Revenue & Customs ([2025] UKFTT 295 (TC)), shines…
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The OPG’s 2025 Family Care Payments Guidance
The Office of the Public Guardian (OPG) has released updated guidance on family care payments in March 2025, revising its expectations for deputies who authorise payments from P’s funds to family members providing informal care. The guidance aims to balance P’s best interests with transparency and fairness in remunerating family members. However, this new guidance…
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Future-Proofing Offshore Structures: Lessons from the Abramovich Case
In January 2025, headlines were dominated by reports that Roman Abramovich could face a potential £1 billion tax bill from HMRC. While the case is still developing, it serves as a stark reminder that even the most sophisticated offshore structures can come under intense scrutiny from tax authorities. For wealth planners, trustees, and UHNW families,…
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Capacity, Contempt, and Custody: What Lawyers Need to Know from DCC v Grundy
The Court of Protection rarely exercises its power to commit individuals to prison for contempt. However, the recent case of Derbyshire County Council v James Grundy (DCC v Grundy) sets a striking precedent, demonstrating the court’s willingness to enforce its injunctions where continued non-compliance endangers a protected party (P). This case highlights the complex interplay…
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Managing a Deputyship When P Moves Abroad: Lessons from Irwin Mitchell Trust Corporation Ltd v KS
When an individual under a Court of Protection deputyship moves abroad, deputies may assume that their role automatically ends, or that managing P’s assets from England will become impossible. However, the recent decision in Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 provides much-needed clarity on when and how the Court…
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Balancing ESG Goals and Fiduciary Duties: A Trustee’s Guide to Ethical Investing
In today’s investment landscape, trustees are increasingly under pressure to integrate Environmental, Social, and Governance (ESG) factors into their investment strategies. Beneficiaries, regulators, and the broader public are demanding that investments not only deliver financial returns but also align with ethical and sustainable practices. For trustees of private and charitable trusts, the question is how…
Jessica Jarvis 