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Wills, Inheritance & Succession
Capacity & Court of Protection
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is suitable for private client practitioners and aims to bring them up to speed with some of the latest developments in relation to a range of legal topics. This podcast will look at the extension of the rule in Parker v Feldgate to lifetime gifts, the effect of grief to testamentary capacity, the on going saga of RSPCA v Sharp and some recent rulings from the Court of Protection on cross border capacity disputes, statutory wills and the appointment of a welfare deputy.

After completing the course you will:
  • Understand the how the rule in Parker v Felgatehas been extended;
  • Be aware of sever grief as a factor in disputes about capacity when making gifts and executing wills;
  • Have been brought up to speed on a recent mutual wills case;
  • Understand the issues in the case of RSPCA v Sharp concerning residuary gifts to charities;
  • Be aware of a recent extension to the rule in Re Hastings Bass by the Court of Protection;
  • Be aware of the Court of Protection’s powers in relation to cross border issues of capacity;
  • Be aware of the Court’s approach to the appointment of a health and welfare deputy.
Specialist Difficulty: 5 of 5
Case Update
Sources and References:
  • Re P [2009] EWHC 163 (Ch);
  • Clancy v Clancy [2003] All ER (D) 536 (Jul);
  • Re M [2009] EWHC 2525 (Fam);
  • Perrins v Holland and Ors [2010] EWCA Civ 840;
  • Parker v Felgate (1883) LR 8 PD 171;
  • Key v Key [2010] EWHC 408 (Ch);
  • KD & Anor v London Borough of Havering [2009] EW Misc 7 (EWCOP);
  • Pitt v Holt [2010] EWHC 45 (Ch);
  • Sieff v Fox [2005] EWHC 1312 (Ch);
  • Re Singellos [2010] EWHC 2353 (Ch);
  • RSPCA v Sharp [2010] EWHC 268 (Ch);
  • Re Beaney [1978] 1 WLR 770;
  • Banks v Goodfellow [1870] LR 5 QB 549;
  • Charles and others v Fraser [2010] EWHC 2154 (Ch);
  • Re Hastings-Bass deceased [1975] Ch 25;
  • Lady Hood of Avalon v Mackinnon [1909] 1 Ch 476;
  • Gibbon v Mitchell [1990] 1 WLR 1304;
  • Anker-Petersen v Christensen [2002] WTLR 313;
  • Re Betsam Trust [2009] WTLR 1489;
  • Re MN [2010] EWHC 1926 (Fam);
  • Mental Capacity Act 2005 ss 16, Sch.3;
  • Re PJ [2009] 2 FLR 1051 (CA);
  • EG v RS (COP 10237109);
  • VAC v JAD & Ors (Re D) [2010] EWHC 2159 (Ch).

In this private client round-up, Ruth Hughes, a Chancery barrister at 5 Stone Buildings takes a detailed look at some of the major developments in the case law concerning probate, wills and the Court of Protection.

Podcast added: 17/11/10

Podcast last reviewed: 2011-07-25

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