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Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

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  • Overview

    Our team was appointed as Deputy for CD while she was the subject of welfare proceedings in the Court of Protection.

    We were alerted to the possibility of financial abuse by a neighbour who had befriended CD in the community. The deputy was directed by the Court to establish the extent of CD’s estate and we conducted a forensic analysis of CD’s bank accounts. It was discovered that CD had transferred her home and made a Will in favour of the neighbour; monies transferred to him amounted to over £400,000.

    An application was made for an emergency interim statutory will (which was approved to ensure that new executors were appointed). Other beneficiaries were tracked down and were able to provide evidence as to CD’s wishes and interests, although the main residuary beneficiary who lived in Australia had herself lost capacity. The Official Solicitor represented CD. On a substantive application, there were extensive without prejudice discussions and consideration of litigation risk and an agreed statutory will was approved by the Court.

    The case showed the complex interaction between the Court’s welfare jurisdiction and its property and affairs jurisdiction as well as the limited ability of a deputy to recover property through civil proceedings where the victim cannot give evidence and the property in issue is no longer in existence or capable of being recovered.

    The lesson is that prevention is better than cure.  Good advice at an early stage is crucial and everyone involved professionally with vulnerable adults, especially solicitors, financial advisers, banks staff, social workers and doctors needs to play their part in this.

     

  • Related Services

    Court of Protection

    We have one of the largest nationally recognised specialist Court of Protection teams in the country, offering practical advice and personal service in situations where someone needs help managing their finances.

    Elderly & Vulnerable Clients

    Our team of specialist lawyers has a wealth of knowledge and experience in providing advice on the law as it affects the elderly and vulnerable. We pride ourselves on offering sympathetic and practical advice to our clients.

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

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