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…
When family relationships change, children are affected in a variety of ways. After separation, parents need to reach agreement about a whole range of issues concerning the children – particularly where will they live, and how often the other parent will see them.
There may be other issues too, such as to which school they should go, in which faith they should be brought up and whether they should live permanently out of the country, which cannot be resolved by the parents. In such circumstance, the court has a range of powers to resolve such disputes.
Inevitably children often find themselves at the centre of these disputes and we are conscious that it is always important to put the interests of the children first so that they are protected from the situation in so far as it is possible.
Parents also need to reach agreement about the appropriate financial provision to be made for children: this will vary, depending upon whether the parents are married or not. We have experience in advising on all of these issues, and on whether the disputes can in the particular circumstances best be resolved by agreement, such as using mediation, or through the Court process.