An Enduring Power of Attorney (EPA) was the precursor to a Lasting Power of Attorney ('LPA'). LPAs were introduced in 2007 as it was felt safeguards were required to stop financial abuse of those who required an attorney (‘Donors’).
It is often said that our pets are part of our family, but many pet owners forget to make sure appropriate provisions are in place for when they pass away and leave their furry friends behind.
When a person dies without leaving a valid Will, their estate is said to be intestate. In such circumstances, their estate will be distributed in accordance with inheritance laws known as the rules of intestacy.
Recently Martin Lewis spoke about ‘future proofing your finances’ urging people to address those unpleasant topics of conversation with friends and family members to ensure their Wills are up to date and they get Powers of Attorney in place to avoid difficulties later in life.
The High Court has recently made an important decision after Master McQuail exercised the Court’s discretion to modify the forfeiture rule and granted full relief in the circumstances of a ‘mercy killing’.
This case considers the relationship between the common law test of testamentary capacity, as set out in Banks v Goodfellow (1870) LR 5 QB 549 and the test for capacity set down in ss.2-3 Mental Capacity Act 2005.