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Course The Older Client: A Masterclass


Examining the primary issues of concern for the older client, this course tackles the challenges for the solicitor in advising on powers of attorney and gifts, considering issues relating to cross-generational home-sharing, and appropriate and successful outcomes in Statutory Will applications. The implications of working with clients in the early stages of dementia, or vulnerable due to bereavement or other influences will be explored, with use of case studies and sample precedents. Ample opportunity will be given for questions and discussion, and the course will allow for thorough consideration of the relevant ethics and duties of the solicitor where issues of capacity and undue influence may arise.

SESSION 1: Lasting Powers of Attorney

This session looks at successful drafting and common pitfalls, to enable practitioners to review their practice, in the light of recent case law.

1. Taking instructions

2. Choice of attorneys

3. Issues regarding joint, joint and several and replacement attorneys (Re Boff (COP case 12338771)

4. Use of restrictions, conditions and guidance

5. Role of Certificate Provider

6. Confidentiality & 3rd party involvement

7. Duties to the attorney

8. Concerns of financial abuse (The Public Guardian v JM [2014] EWHC B4 (COP)

SESSION 2: Statutory Wills

1. Initial considerations

2. Making the application including the draft will

3. Respondent sensitivities (Re AB [2013] EWHC B39 (COP))

4. Best Interests (NT v FS (2013) EWHC 684)

SESSION 3: Sharing a home

Hoping for the best, yet planning for the worst

• Informal arrangements (JS v KB, MP [2014] EWHC 483 (COP))

• Pooling to purchase

• Paying for the extension

• “Move in to look after me, and the house will be yours” (Bradbury v Taylor & Burkinshaw [2012] EWCA Civ 1208)

1. The role of the “family solicitor”

2. Drafting challenges

3. Tax matters

SESSION 4: Gifts

1. Minimising the risks

2. Anti-avoidance

3. Lifetime gifts from settlements (Re JDS:KGS v JDS [2012] EWHC 302 (COP) and Re AK (Gift Application) [2014] EWHC B11 (COP)

4. “De Minimis” (In the Matter of GM (Case number 11843118))

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6 hours


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Sheree GreenDetails


Excellent course speaker so informative and sharing of her own experiences in practice as well as substansial law.

Killick, Karen (K) (Mrs) DMA Law



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