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EPA registration checklist This Checklist outlines the steps that should be taken in order to successfully register an enduring power of attorney (EPA). These steps include checking that the EPA was valid when created and is still valid, assessing the mental capacity of the donor, notifying the relevant parties of the intention to register the EPA and the application for registration. Ensuring that the enduring power of attorney was valid when created Make sure that the power: • is in the form prescribed by law at the time when it was executed by the donor and that, when it was executed by the donor, it incorporated the explanatory information prescribed at that time, and that none of the following statements has been omitted: ◦ that the donor intends the power to continue in spite of any supervening mental incapacity ◦ that the donor has read or had read to them the information explaining the effect of creating the power ◦ that the attorney understands the duty of registration...
Administration actions—table of cases Validity of Wills Topic Case name Summary Author Revocation clause Re estate of Sangha, deceased (probate); Sangha v Estate of Sangha (represented by the second defendant pursuant to the Order of Master Bowles dated 5 April 2018) and others [2022] EWHC 2157 (Ch) News Analysis: Revocation clauses and section 9(d) of the Wills Act 1837 (Sangha v Sangha)The Court allowed the appeal deciding that the revocation clause in a Will disposing only of Indian assets had the effect of revoking a previous English Will and dismissed the appeal holding that it was not necessary for each witness to acknowledge their signature after the testator had acknowledged his signature to them, Francis Ng, Selborne Chambers Disclosure Topic Case name Summary Author Sealing of a Will Executor of HRH Prince Philip, the Duke of Edinburgh (Deceased) and another v Guardian News and Media [2022] EWCA Civ 1081 News Analysis: The sealing of Royal Wills vs principles of open justice (Executor of HRH Prince Philip, the...
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Ireland—Parties to an action STOP PRESS: SI No 14/2025 Rules of the Superior Courts (Guardian ad litem and next friend) 2025 (Ireland) amends Order 15 of the Rules of the Superior Courts (RSC) to provide the procedure for appointment of a next friend for a child plaintiff and of a guardian ad litem for a child defendant. This Practice Note will be updated shortly to reflect the relevant changes. Scope of this Practice Note This Practice Note provides an overview of the types of parties who may become involved (whether as plaintiff, defendant, third parties or notice parties) in civil litigation in Ireland, and the key procedural issues and practical considerations of which their legal advisors should be aware. It deals with the following types of party: corporations, partnerships, sole traders, minors, persons who lack capacity, the estate of a deceased party, State parties, notice parties, amicus curaie and litigants in person. This Practice Note also deals with the procedure for joining a party to proceedings, removing or substituting...
Special Educational Needs and Disability Tribunal (SENDIST) What is the Special Educational Needs and Disability Tribunal (SENDIST)? The Special Educational Needs and Disability Tribunal (SENDIST) is part of the First Tier Tribunal (FTT) (Health, Education and Social Care Chamber (the Tribunal)). Appeals in respect of decisions of the FTT are made to the Upper Tribunal (UT). The FTT deals with appeals in relation to children and young people with special educational needs (SEN) as well as claims of disability discrimination in relation to school and local authorities (LAs) (such as exclusions from schools). How is a panel constituted? Panels of the FTT are usually made up of three members (although increasingly there are two member panels). The panel always has a legally qualified chair, and the other members are experienced in SEN and disability issues. The UT is comprised of one legally qualified member. When can an appeal be made to the First Tier Tribunal? All parents/guardians and young people have a right to appeal to the FTT:...
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Trust for a disabled person—discretionary This TRUST is made on [date] Parties 1 [settlor] of [address] (the Settlor) and 2 [original trustees] of [addresses] (the Original Trustees) Background (A) The settlor wishes to make this Trust and has transferred to the Original Trustees the assets described in Schedule 1 to be held on the following trusts. (B) The Principal Beneficiary is a disabled person within the meaning of that term in the Finance Act 2005, Schedule 1A. This Deed PROVIDES: 1 Definitions and interpretation In this Trust: 1.1 Discretionary Beneficiaries • means (a) any spouse or [widower OR widow] whether or not remarried of the Principal Beneficiary; (b) the descendants of the Principal Beneficiary; (c) the spouses, widows or widowers (whether or not remarried) of the descendants of the Principal Beneficiary; 1.2 Principal Beneficiary • means [disabled person]; 1.3 spouse • shall include a civil partner registered under the Civil Partnership Act 2004 and a spouse of the same sex, and a person is a...
Being an attorney under a health and welfare LPA—client guide This document provides general guidance about what is involved in acting as an attorney under a health and welfare lasting power of attorney (LPA). Your Private Client lawyer will be able to provide specific advice based on your circumstances. Acting as an LPA attorney for a relative or friend is an important responsibility that should be fully understood before the role is accepted and taken on. This guide aims to provide an overview of the powers and responsibilities of a health and welfare LPA attorney and explains what is likely to be involved in taking decisions on behalf of your loved one. What is an LPA? An LPA is a legal document that enables an individual (the donor) to appoint one or more trusted people (known as attorneys or donees) to manage their affairs and make decisions on their behalf in the event that they lose mental capacity. Before an LPA can be used, it must be registered...
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Where an investigator wishes to carry out an identification procedure under PACE Code D, is the suspect ‘unavailable’ if they have been informed (by phone or letter) that the investigator wants to do an ID procedure and refuses to consent or comply or are they only considered ‘unavailable’ when they have formally been served with papers by an inspector and then decline to consent? This response looks at the situation when a known suspect is considered ‘unavailable’ for the purposes of police identification procedures, and what formality is required in the nature of a request made to consent to identification procedures. Availability An investigating officer who knows the identity of a suspect may intend to carry out formal identification procedures with a view to relying upon any positive identification by a witness of the suspect. The procedures to be followed are set out in PACE Code D (referring to the Police and Criminal Evidence Act 1984 (PACE 1984), by section 66 of which the Code is issued) (23 February...
Where one spouse wishes to issue proceedings for a divorce and a financial remedy order but the other spouse does not have mental capacity what steps must the applicant spouse take? The procedure in the situation referred to in the question is to be found in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.14 and 6.29 (as to service), FPR 2010, SI 2010/2955, Pt 15 as well as FPR 2010, PD 15A and FPR 2010, PD 15B. The intended respondent is referred to as a ‘protected party’ (FPR 2010, SI 2010/29552.3). It is assumed for the purposes of this answer that the applicant is satisfied that the intended respondent lacks capacity to conduct proceedings for the purposes of the Mental Capacity Act 2005, bearing in mind that there is a legal presumption as to capacity and that capacity is context-specific. See Practice Note: Capacity to litigate—family proceedings, in particular the section on ‘Mental capacity’. The application must be served in accordance with FPR 2010, SI 2010/2955, 6.14 and...
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The Home Office has introduced changes to the Sponsorship duties guidance and the Student and child student guidance as of 29 May 2025. These changes primarily focus on record-keeping duties, providing living arrangements for child students, safeguarding children and minimum standards on child care obligations. Details of the new provisions are set out below.
This week's edition of Family weekly highlights includes details of a speech by Mr Justice Nicklin on open justice and details of the Migration Advisory Committee's new family visa financial requirement review. Analysis of recent judgments on disclosure of journalistic sources, non-matrimonial assets and expert witnesses in care proceedings are included.
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