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Protectors' Power of Consent

‘The Protectors’ Power of Consent’ – David E. Grant is published in TL4 Private Client Magazine

David E. Grant has published an article in the latest edition of the ThoughtLeaders4 Private Client magazine looking at the evolving concept of the protectors’ power of consent. Three recent cases in three different jurisdictions have considered a hitherto unexplored question in the law of trusts – what is the scope of a protector’s power of consent? The three cases were PTNZ v AS & Ors [2020] EWHC 3114 (Ch) in the English High Court, In the matter of the X Trusts [2021] SC (Bda) 72 Civ in the Supreme Court of Bermuda, and In the matter of the Piedmont Trust and Riviera Trust, Jasmine Trustees & Anor v M & Ors [2021] JRC24 in the Royal Court of Jersey.…

Private Client & Trusts, Legal Blog & Publications, News 23 Feb, 2022

Private Client Webinar: Will Making, LPAs, Remote Hearings and Mediation During Lockdown

Members of Outer Temple’s Private Client Team explore how remote working has affected the area of law and the way in which they practice. David Grant, Patrick Tomison, Claire van Overdijk, Alex Cisneros, Elaine Palser and Elizabeth Grace present in this Private Client Webinar. David Grant and Patrick Tomison discuss Will Formalities. They discuss: Why the question of formalities is relevant now. What the requirements of the Wills Act 1837 are, specifically s9 The Law Commission Report, Making a Will (Consultation Paper 231, 13/07/2017) in particular, Chapter 1 The effect of the English Authorities How one approaches the correction of statute – “always speaking” Judicial attitudes Practically, what can we do to mitigate the risk of formal invalidity Thoughts to the…

Private Client Webinars, Webinars & Vlogs 9 Jul, 2020

Coroners and COVID-19 – the guidance and the process

The Chief Coroner has recently published a series of guidance notes to advise coroners on dealing with COVID-19 related deaths. Carin Hunt summarises the advice and the process to be followed by medical practitioners where a death has been caused by this coronavirus. On 26 March 2020, the Chief Coroner published guidance (no 34) for all coroners in England and Wales on the approach to be taken to COVID-19. This was followed on 27 March 2020 by guidance (no 35) which deals specifically with hearings during COVID-19. In guidance (no 36), published on 30 March 2020, the Chief Coroner summarised the provisions of the Coronavirus Act 2020 which are relevant to coroners, including those which modify statutory provisions relating to…

Covid-19, News 29 Apr, 2020

The impact of COVID-19 on Lasting Powers of Attorneys

Private Client barristers Claire van Overdijk and Alex Cisneros consider the benefits and challenges of creating a Lasting Power of Attorney during the current COVID-19 pandemic. So much has changed in the last few weeks and the legal industry is no exception. Claire and Alex provide guidance on what can be done during COVID-19, taking examples from other jurisdictions where witnessing LPAs by video link has been permitted through emergency laws. They explore where LPAs developed from and how the legal conceptualisation of substituted decision has been codified in various statutory materials. They also look at two requirements for making an LPA where mistakes are often made; providing a certificate and witnessing signatures. Finally, the article considers business LPAs as…

Covid-19, News, Private Client & Trusts during Covid-19 22 Apr, 2020

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