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Bloomsburry Family law

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Capacity

Denzil Lush, Master of the Court of Protection, summarises a recent Canadian decision on the mental capacity required to separate, divorce, and instruct a solicitor.

Getting the Advice Right

The need to plan for old age means that people are increasingly looking to professionals for guidance. In this article, Philip Spiers demonstrates the importance of giving the right advice, by reference to several Cast Studies where the initial advice given was not appropriate

When Death is Not the Last Word

In the first of a series of articles Sarah Lacey, a Chancery Barrister at 3 Stone Buildings, Lincolns Inn, practising in all areas of trusts, probate and tax, examines the tax consequences of post death rearrangements, and in particular Deeds of Variation.

Benefits for Disability

Alan Robinson continues his series of articles examining the welfare benefits system by focusing on the basics of two key benefits; Disability Living Allowance and Attendance Allowance.

Paying for Nursing and Residential Care

This is the third and final article in this series based on the unique Survey conducted by Kleinwort Benson Private Bank amongst those with someone in a care home, ie the affairs manager. In this article Derek Wright concludes that a managed solution may ultimately be most effective in paying for care and preserving assets for the next generation.

Forum

Sefton Sefton Metropolitan Borough Council has now decided not to appeal against a decision of the Court of Appeal in July this year. Sefton, which is the only metropolitan authority whose boundaries incorporate a seaside retirement area, has been refusing financial assistance with residential care fees to elderly people with assets above £1500, notwithstanding the £16,000 threshold in the National Assistance (Assessment of Resources) Regulations 1992, below which the regulations say that individuals are no longer liable for the full cost of their care

Charitable Gifts for Elderly Clients

Elderly clients are often more inclined than the younger generation to make charitable gifts in their Wills; the reasons for this are varied. They may have a larger estate with fewer dependents; they often have personal experience of charities e.g., through relatives suffering disease and receiving help from a particular charity. Surviving spouses who are childless may be particularly interested in charitable bequests and the solicitor needs to advise appropriately on the various options and pitfalls. In this article Emma Chamberlain discusses some of the common issues that can arise.

Benefits for the Elderly: State Retirement Pension

The principal state benefit for retirement is the state retirement pension. This is a contributory benefit which is paid at a flat rate. In addition a person may be entitled to additional pension from either the graduated pension scheme or the state earnings related pension scheme (or both), and to income from a private pension; and may be entitled to one or more of the means tested benefits.

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