Adults with incapacity – a new frontier
There is much activity in the adult capacity arena. In this session Sandra McDonald will offer us an update on the key aspects of the Scottish Mental Health Law Review, Alzheimer’s Europe report on capacity and decision making, the AWI discrete bill and the National Taskforce for Human Rights leadership, picking out those recommendations of most relevance and explaining what these mean for our future practice.
Sandra McDonald, EX-PG
Executors/trustees v beneficiaries
Trust and executries are becoming increasingly litigious in both Scotland and England. John Kerrigan will consider: what protections are available for trustees and executors against complaints/claims by beneficiaries; what steps trustees & executors can take to protect themselves in the event of a dispute arising; what steps beneficiaries can take if they disagree with trustees/executors; and do different types of beneficiaries have different types of rights?
John Kerrigan, Blackadders
Will drafting for the elder client
Chris Sheldon, Turcan Connell
Tax planning for elderly clients – is it ever too late?
Andrew will summarise the Inheritance Tax rules, reliefs and exemptions before highlighting how these can be utilised to assist elderly clients at different stages of their later life. He will also touch briefly on tax planning opportunities which are available after a client’s death. For anyone advising clients regarding wills and succession planning it is important to have some knowledge of the Inheritance Tax regime and this session will provide that.
Andrew Paterson, Murray Beith Murray
Planning for residential care
This important session will cover the cost of care and its funding; the family home; notional capital; and planning opportunities.
John Peutherer, Anderson Strathern
Contentious executries – some recent cases and other developments
Amongst other challenges facing private client practitioners, especially those dealing with elderly clients is that the law develops, often inspired by case law from other areas of practice and even from "abroad". Equally, old ideas resurface with new nuances. In this talk, Nicholas Holroyd considers some recent cases and other developments and will also update delegates on what has become of the Scottish Law Commission’s proposals for trust law reform.
Nicholas Holroyd, Terra Firma Chambers
Case studies in executry risk management
This presentation will provide an overview of the common areas of risk when administering estates, including case studies to demonstrate them. Specifically, we will address key areas of challenge during administration, such as encashing overseas assets and managing client expectation in regard to cost and timescales. We will also look at the risk of distributing estates incorrectly, steps to mitigate this and the types of insurance cover available, including example family trees which demonstrate how subtle differences in family make-up can vary correct distribution.
Simon Barber, Title Research
Incapacity – practical aspects of assessment and case law
This session will provide an overview of capacity, including the presumption of capacity, capacity to instruct a solicitor and testamentary capacity/incapacity. It will also cover the current practical steps to take when assessing capacity including whether a solicitor assesses or when an expert opinion may be required. Law Society of Scotland guidance on vulnerable clients will also be considered.
Lynne Lind, TC Young
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