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Common ground

Issues of cross-border capacity would be made simpler if England and Wales were to ratify Convention XXXV, says Richard Frimston

12 December 2011

The consequences of elderly people living in a different state to their families are that there are increasing numbers of estates with cross-border issues both during lifetime and on death. The conflicts of law for incapacity issues are particularly complex. In my current casebook are many examples:?

  • Mrs A left London to live with her nephew in Munich. She has now lost capacity. Will Germany recognise the registered LPA and can it still be used to deal with UK investments?

  • Mrs B lives in Wales but has lost capacity. She is joint owner of a property in France with her children. What are the powers of the Court of Protection in relation to the property and will France recognise any order made? Is it possible for a gift of the French property to be sanctioned and would a statutory will from the Welsh court be effective in France?

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