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Checklist for neurodiverse clients

Checklist for neurodiverse clients What is neurodiversity? It is an umbrella term for conditions such as ADHD, autism spectrum, dyscalculia, dyslexia and dyspraxia which affect the way that a person interacts with the world. Sensory issues can be overwhelming for people with these conditions. However, they are often incredibly intelligent provided they can work in the way that best suits their brain. The world is moving to a position where it is not a case of those individuals who are neurodiverse adapting to fit into the world but the world adapting so they can engage with these members of society. These conditions are more common than you may think and often undiagnosed, as the person has learned to mask. Firms are increasingly focussed on inclusion and diversity and this checklist is designed to enable firms to consider their environment and to make this as comfortable as possible for all clients. Environmental Factors Sensory distractions can make it challenging for neurodiverse individuals to concentrate and focus in some office environments so...

Administration actions—table of cases

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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Flowcharts—Private Client

Flowcharts—Private Client Grant of probate/administration—flowchart Drafting a Will—flowchart Renunciation—flowchart Administrator (entitlement to grant)—flowchart Entitlement on intestacy—flowchart Shariah inheritance—flowchart Intestacy in Scotland (no spouse)—flowchart Intestacy in Scotland (surviving spouse)—flowchart Inheritance (Provision for Family and Dependants) Act 1975 applicant—flowchart Inheritance (Provision for Family and Dependants) Act 1975 procedure—flowchart Lasting power of attorney—flowchart Does the GAAR

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Creating a valid LPA

FORTHCOMING CHANGE: Further to the Government's response to the Ministry of Justice’s and Office of the Public Guardian (OPG)’s consultation Modernising Lasting Powers of Attorney, the Powers of Attorney Bill received Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 (PAA 2023). When it comes into force, PAA 2023 will introduce changes to the Mental Capacity Act 2005 (MCA 2005) to create a more modern lasting power of attorney (LPA) service. The changes will include: (i) introducing regulations to allow those involved in making an LPA to select whether to sign the LPA digitally or on paper; (ii) removing the ability for attorneys to register an LPA so that only the donor will be permitted to register; (iii) introducing regulations governing identification verification requirements in relation to registration applications; (iv) providing for a single route for registration objections to the OPG and widening the group of people who can lodge an objection to include third parties and not just those named in the LPA; and (v)...

Capacity to create or revoke an LPA

FORTHCOMING CHANGE: Further to the Government's response to the Ministry of Justice’s and Office of the Public Guardian (OPG)’s consultation Modernising Lasting Powers of Attorney, the Powers of Attorney Bill received Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 (PAA 2023). When it comes into force, PAA 2023 will introduce changes to the Mental Capacity Act 2005 (MCA 2005) to create a more modern lasting power of attorney (LPA) service. The changes will include: (i) introducing regulations to allow those involved in making an LPA to select whether to sign the LPA digitally or on paper; (ii) removing the ability for attorneys to register an LPA so that only the donor will be permitted to register; (iii) introducing regulations governing identification verification requirements in relation to registration applications; (iv) providing for a single route for registration objections to the OPG and widening the group of people who can lodge an objection to include third parties and not just those named in the LPA; and (v)...

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Trust for a disabled person—discretionary

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

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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How can a director of a private company with Table A articles be removed due to lack of mental capacity if regulation 81 of the Companies (Tables A to F) Regulations 1985 has been excluded? Can the director be removed pursuant to the Companies Act 2006 or the Mental Capacity Act 2005?

How can a director of a private company with Table A articles be removed due to lack of mental capacity if regulation 81 of the Companies (Tables A to F) Regulations 1985 has been excluded? Can the director be removed pursuant to the Companies Act 2006 or the Mental Capacity Act 2005? The articles and Companies Act 2006 The Companies Act 2006 (CA 2006) does not contain any provisions dealing with the mental incapacity of a director. Such issues should be dealt with in the articles of association of the company. The Precedent: Model articles—private limited company—after 28 April 2013 provides that the mental incapacity will automatically terminate a person’s appointment as a director as soon as a registered medical practitioner who is treating that director gives a written opinion to the company stating that the director has become physically or mentally incapable of acting as a director and may remain so for more than three months (Model article 18). There is no equivalent provision in...

If the attorney’s date of birth is incorrect, but all other information is correct, is a registered lasting power of attorney still valid? If not valid, can it be amended?

If the attorney’s date of birth is incorrect, but all other information is correct, is a registered lasting power of attorney still valid? If not valid, can it be amended? Section 9(2) of the Mental Capacity Act 2005 (MCA 2005) specifies that a lasting power of attorney (LPA) is not created unless it complies with MCA 2005, s 10 (which sets out who may or may not be an attorney), is made and registered in accordance with MCA 2005, Sch 1 and the donor is aged 18 or more and has the requisite capacity. MCA 2005, s 9(3) specifies that unless the instrument purporting to create an LPA complies with Sections 9 and 10 in addition to Schedule 1 of the act is not valid. MCA 2005, Sch 1, para 1 states that: '(1) An instrument is not made in accordance with this Schedule unless— (a) it is in the prescribed form, (b) it complies with paragraph 2, and (c) any prescribed requirements in connection with its ...

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Private Client weekly highlights—22 May 2025

This week’s edition of Private Client highlights includes: (1) the Law Commission publishes its recommendations to reform the Wills Act 1837; (2) Mr and Mrs K v Mr and Mrs Z, in which the court granted a parental order despite applicants’ advanced ages; (3) HMRC issues first individual tax avoidance stop notices under POTAS regime; (4) further analysis of Accuro Trust (Switzerland) SA v The Commissioners for HMRC, in which the court confirmed when a settlement is ‘made’ for the purposes of excluded property; (5) Louwman v Revenue and Customs Commissioners, a decision of the FTT holding that OIGs and AIPs arising in offshore protected trusts are not protected foreign source income; (6) Moran v Revenue and Customs Commissioners, where the taxpayer was found liable under the transfer of assets abroad regime for the rent-free occupation of a house; and (7) the Data (Use and Access) Bill reaches its final legislative stages.

OPG updates contact numbers for LPA form guidance

The Office of the Public Guardian (OPG) has updated its lasting power of attorney (LPA) form guidance, modifying contact numbers for customers who cannot hear or speak on the phone and those calling from outside the UK. The changes affect the contact information provided across the LPA documentation suite, including both financial decisions and health and care decisions forms.