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…
The unmarried family is more common than ever before, and its breakdown presents the same complex array of issues requiring resolution as if a couple were married.
A crucial difference, however, is that, where couples are unmarried, there is at present no provision in English law under which one party can obtain financial support from the other in their own right: such support has to form part of orders made for the benefit of the children of the family. Disputes about the division of property have to be resolved under the principles of trust law.
This means that people, often when at their most vulnerable both emotionally and financially, are faced with a daunting and complex series of steps to take to resolve financial issues with their former partner.
We are experienced in these aspects.