March 2014 Archive

Personal injury trust

A personal injury trust is a way of allowing you to ring fence your compensation lawfully and legitimately. If you are looking to make a personal injury claim or you have received compensation in the last 12 months then it may be relevant to you.

Court of Protection order to make lifetime gifts

An attorney or a Court of Protection deputy may want to apply to the Court of Protection to make a lifetime gift on behalf of a vulnerable person to reduce the value of the vulnerable person's estate for inheritance tax purposes. Only the Court of Protection can authorise a decision as important as making a lifetime gift on behalf of a vulnerable person who lacks capacity.

Claiming a right of way by prescription.

Easements are rights of way and are common features of land ownership. Often a land owner will have an easement for the benefit of services and utilities that run over their neighbour’s land. Easements are often granted by a deed or are described in some form of legal instrument. Those easements are referred to as “legal easements” because they have been expressly granted. Easements may also be acquired by long use by a method referred to as “prescription”.

Recent case law on an employee’s duty of fidelity

When an employee leaves a business, there can often be disputes arising as a result of other existing staff being poached or a new business being set up in competition. In Thomson Ecology, the court considered whether an employee, Mr Hall had breached his duty of fidelity in failing to advise his existing employer of a threat being posed by a competitor and in assisting the competitor to recruit other employees whilst on his notice period.

Making a will in the Court of Protection

Where a vulnerable person lacks the capacity to make a will, the Court of Protection may authorise a statutory will to be executed on their behalf. Section 18 of the Mental Capacity Act 2005 specifically provides that the decisions the Court of Protection may make in relation to the property or affairs of the vulnerable person include the execution of a statutory will provided that the vulnerable person is over the age of 18 years.
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