Mental Capacity content hub
STEP Journal: Good CoP, bad CoP
Young adults with disabilities in the UK are struggling to access their Child Trust Funds when the law and common sense collide, writes Philip Warford TEP.
Canada: Court rejects assertion of undue influence and suspicious circumstances in will challenge
A decision from the Superior Court of Justice of Ontario has rejected a woman’s challenge to her sister’s will due to a lack of evidence. Patricia Graham had argued that Sheila McNally’s will was invalid on the grounds of lack of testamentary capacity, undue influence and suspicious circumstances surrounding its execution (Graham v McNally Estate and Blais, 2024 ONSC 4006).
STEP Journal: The compassionate option
Sheree Green TEP gives a timely update on the state of assisted dying and mental capacity, with a focus on current UK legislation.
In this web event, an expert panel will discuss a new STEP research report uncovering the issues and challenges associated with loss of capacity, following a global survey of more than 700 practitioners.
View an LPA service
The UK government published guidance relating to the ‘View an LPA’ service which enables users to see the details of the LPA without the attorney needing to provide the paper version.
Report
Our research found that practitioners are increasingly advising on capacity issues, and a shocking 57 per cent of respondents had seen instances of vulnerable person financial abuse. The findings highlight the need for robust and consistent legal frameworks for safeguarding against financial abuse and associated planning.
Join the SIG
Our Mental Capacity SIG focuses on the increasing importance and relevance of issues concerning capacity in all aspects of legal work relating to inheritance and succession planning. The group aims to ensure that all members are kept up to date with developments and, indeed, are part of the debate and shaping the future where possible.
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