Whittaker v Hancock

Attorney of an executrix who has lost mental capacity can administer an estate in her place. In the recent case of Whittaker v Hancock, the High Court held that where an executrix of a will had lost mental capacity, her attorney under a property and financial affairs lasting power of attorney (‘LPA’) could be appointed…

Probate court fees

The Ministry of Justice’s proposal to replace the current flat rate for probate court fees by a 6‑banded structure seems likely to go ahead.  In spite of widespread professional and political opposition on the grounds of fairness and the legality of introducing, what is in effect, tax raising legislation by a statutory instrument (‘SI’), the…