Private Client Case Update - Winter 2010
- Podcast Location:
- Sorry, this podcast has been removed as it is now out of date
- Categories:
-
Wills, Inheritance & Succession
Capacity & Court of Protection
- CPD Points:
- Up to 1 point. details »
Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:
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:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- a) £65+VAT for this CPDcast only
- b) £299+VAT for unlimited access to all of our podcasts. details »
- c) Discounts for multiple users - call +44 (0) 20 3377 3901 now to speak to our sales team
- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- 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.
- Outcomes:
- 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.
- Level:
- Specialist
- Classification:
-
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
This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.
