Joseph de Lacey

Sep 26, 2023 | farrer.co.uk | Elizabeth Jones |Henrietta Mason |Joseph de Lacey

In this month’s update we consider:What to do when an executor loses capacity,A review of recent cases dealing with mutual wills, andResponses to the ILM / Farrer & Co survey of members on the questions which will be at the heart of the forthcoming supplementary consultation on reforming the law around the making of wills. We hope you find these articles interesting and informative.

Sep 19, 2023 | farrer.co.uk | Joseph de Lacey |Caspar Fraser

An executor who lacks mental capacity poses a serious risk to the deceased’s estate. An executor must take informed decisions regarding the administration of an estate to further the interests of the beneficiaries, and will need to process complex and varied information to do so. Any cognitive failings will impact the executor’s ability to take such decisions and may result, at worst, in poor decision making which may prejudice the beneficiaries, or at the very least in delays and confusion.

Jun 7, 2023 | thetimes.co.uk | Jeremy Gordon |Joseph de Lacey

Peers will hear next week the second reading of proposed legislation that would make the lasting power of attorney process more accessible and less susceptible to abuse. Reforms included in the Power of Attorney bill are welcome, but once passed, there are clearly other related areas of law that demand parliamentary attention. With an ageing population, mental health or cognitive disorders such as dementia become more common.

May 22, 2023 | farrer.co.uk | Joseph de Lacey |Henrietta Mason

Delay in probate claimsIt is often assumed that there is no time limit for the bringing of probate claims. This is because there is no statutory time limit (under the Limitation Act 1980) for bringing claims to, for example, prove the invalidity or validity of a will. However, two recent cases have confirmed that the court can dismiss probate claims on the basis of a long delay in bringing them, and / or on the basis that the claims would serve no useful purpose.