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…
If you have substantial connections with more than one country, you may have cause to seek financial assistance within the UK after an overseas divorce or annulment.
If an Order made in another country has, or could, cause hardship, then there is a mechanism in this country for the Court to make Orders for financial provision in relation to that foreign divorce.
The Supreme Court has had cause to look at the law and procedure surrounding such cases, and there are certain considerations that this Court must consider before it agrees to exercise its powers to grant financial relief. These require the Court to look at the connection which each of the parties has with England and Wales, and with the country in which the marriage was dissolved or annulled, and the impact of the financial orders originally made.
As such cases are fairly rare, and the permission of the High Court is needed before any such application can be made, such cases are procedurally quite complex. We, however, have experience in dealing with these applications and are happy to help.