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Executor or Administrator in the UK? Here’s Your Survival Guide
Hey there, intrepid executor or administrator! Before you start managing a deceased person’s estate, you usually need a legal authority, either a ‘Grant of Probate’ or ‘Letters of Administration’. A Grant of Probate is issued when there’s a will, and Letters of Administration come into play when there’s no will. However, if you’re dealing with… Read more
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Bridging the Access-to-Justice Gap: How Subscription-Based Legal Services Emerge Amid Legal Aid Cuts
As legal aid cuts continue to challenge access to justice for many, the rise of subscription-based legal service models offers a promising alternative. However, are they truly the answer to the legal aid crisis? My latest article delves into the potential of these innovative models, while highlighting the need for a more comprehensive approach to… Read more
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The Price of Inheritance: Challenging Overblown Solicitor Fees in a Landmark Estate Case
In the Kenig v Thomson Snell & Passmore case, Cunnick passed away in July 2019, leaving a £2.9 million estate. Her will divided the estate equally between her children, Laura Peggs and Daniel Kenig. Her brother, Saul Biber, was appointed as executor and hired solicitors Thomson Snell & Passmore to administer the estate. Despite initially… Read more
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Digital Restraint and Deprivation of Liberty: A Critical Examination of Court of Protection’s Stance
In the digital age, children are exposed to an unprecedented amount of information and communication technologies. While this technology can be a powerful tool for education and development, it also poses significant risks to children’s safety and wellbeing. As such, safeguarding children has become a critical concern in the 21st century. However, safeguarding must also… Read more
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Professional Deputies: How Clear Are Your New Obligations? Lets Talk Updated Deputy Standards (2023)
On February 13, 2023, the updated Public Guardian deputyship standards and supporting instructions for lay, professional, and public authority deputies were published. The revised standards simplify the earlier ones from July 2015 while also introducing new duties that all deputies must be aware of. The guidelines are clear that the Public Guardian expects Public Authorities… Read more
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Court confirms that a specific diagnosis is not required when determining capacity
In North Bristol NHS Trust v R [2023] EWCOP 5 the Court of Protection (COP) confirmed that, when applying the capacity test in section 2(1) of the Mental Capacity Act 2005, it was not necessary to trace the disturbance of or impairment in the mind or brain to a particular diagnosis. An NHS trust asked… Read more