Molly Sutherland
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As an attorney or deputy, you hold a significant responsibility when managing the financial affairs of vulnerable individuals. One area that requires careful consideration is the issue of making a gift as an attorney or deputy. Whether it’s making a donation to a...
When someone is unable to make important decisions for themselves due to mental incapacity, it can be challenging for their loved ones to know what to do. When someone does not have the requisite capacity to put in place a Lasting Power of Attorney, it can leave loved...
When someone is unable to make important decisions for themselves due to mental incapacity, it can be challenging for their loved ones to know what to do. When someone does not have the requisite capacity to put in place a Lasting Power of Attorney, it can leave loved...
With the option to be arranged in many different ways, a trust allows you, the creator of the trust (also known as the settlor), to keep control over what happens to your assets and how they are used when you pass. | What is a trust? It is a legal relationship that...
IHT is a tax on the estate of someone who has died. Most often, an estate will include all property, possessions and money owned by the deceased at their time of death. It is a tax that does not apply to every estate and is only payable by estates with a value greater...
| What is a Lasting Power of Attorney? A lasting power of attorney (LPA) is a legal document that lets you appoint one or more people as an ‘attorney’, who have the power and authority to help you make decisions on your behalf if you lack mental capacity and can’t do...
When making a will, the testator (the person making the will) must have testamentary capacity. If the testator does not have testamentary capacity, the will is invalid. The issue of capacity is unfortunately quite familiar to contentious probate solicitors and the...
Will forgery is unfortunately quite familiar to contentious probate solicitors and the court. The High Court recently looked at an interesting dispute over a suspected forged will, which we will look at in this article. | How would I know if someone has forged a will?...
As a general principle in negligence claims, the court awards damages to put the claimant in the position that they were in before the negligence occurred. On Friday 18 June 2021, the Supreme Court handed down judgment for two cases. It is said that they are the most...
If you are bringing a professional negligence claim, you must do so within a strict time limit known as limitation. But if a solicitor or barrister gives two pieces of negligent advice on two occasions, when does the limitation period begin? We look at a recent case...
