Joseph de Lacey

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Legacy Management: latest developments September 2023

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.
What to do when an executor loses mental capacity

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.
We must act to protect vulnerable elderly in the ‘twilight zone’ of cognitive decline

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.
Legacy Management: latest developments May 2023

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.
Navigating generational change in trusts: a discussion with Dr Ronit Lami

Apr 26, 2023 | farrer.co.uk | Joseph de Lacey

We were delighted that Dr Lami could join our recent panel discussion on trusts and the challenges of generational change. Dr Ronit Lami MSc, PhD. is a wealth psychologist licensed in the US and UK, who assists wealthy individuals and families with the non-financial aspects of their wealth and their lives.
Attorney and executor costs: what are the rules, and can costs be challenged?

Apr 24, 2023 | farrer.co.uk | Joseph de Lacey

Charities may sometimes find that an estate of which they are a beneficiary is saddled with an alleged debt owed to (i) the testator’s attorney under an LPA (Lasting Power of Attorney) or (ii) the executors. What rights do attorneys and executors have to charge for their time, and what can a charity do to challenge their costs? AttorneysWithout express authority under an LPA, an attorney is not entitled to charge for time spent. They may claim for expenses, however.
Guardian Trust: what does it mean for Trustees?

Mar 2, 2023 | farrer.co.uk | Joseph de Lacey

In an in depth article in Trusts & Trustees, Joseph de Lacey (together with Niamh Herrett of Serle Court), have examined some key principles for trustees who are faced with claims against the trust assets. Read HEREThis article was originally published by Trusts and Trustees, Volume 29, Issue 2, March 2023. Click here to read. If you require further information about anything covered in this briefing, please contact Joseph de Lacey or your usual contact at the firm on +44 (0)20 3375 7000.
Legacy Management: latest developments March 2023

Mar 1, 2023 | farrer.co.uk | Joseph de Lacey |Henrietta Mason

Nice try! Scammer fails in his attempt to defraud air ambulance charity of approximately £2mThere have been reports in the press this week that Stewart Pearman, a 75 year-old from Tewkesbury, has been sentenced to five years in prison following his forgery of a letter of wishes supposedly declaring him to be the sole executor of the will and the main beneficiary.
How wide is the net? Lessons for offshore trustees after Gorbachev v Guriev

Feb 2, 2023 | farrer.co.uk | Jennifer Ridgway |Joseph de Lacey

Please note this content was originally published in Thomson Reuters. The full article can be accessed here. ConclusionHow many firms of solicitors in London representing overseas trustees anticipate being served in London with an application for third-party disclosure against their overseas trustee clients, in respect of a claim which does not directly relate to the trusts in question? The answer must be: not many.