If the donor under an Enduring Power of Attorney (EPA) loses mental capacity, the EPA is not automatically revoked, as would be the case for an ordinary power of attorney. However, the attorney under an EPA is under a duty to register the EPA when the onset of mental incapacity begins. Once the application for...

The personal representatives (PRs) of an estate would be personally liable, up to the value of the estate, for liabilities incurred by the deceased person. Such liabilities would include contingent liabilities for which no claim has yet been made. The PRs may be able to protect themselves by publishing a notice which complies with section 27 of...

A Will is confidential, and during the testator’s lifetime, no disclosure can be made by a solicitor except to someone authorised by the testator, or where the testator has lost capacity, by the Court of Protection or someone with the relevant authority on the testator’s behalf. In this case, it seems like there may be...

For this Q&A, we have assumed that: the child of the deceased is not a minor a grant of letters of administration has been made to the siblings It is assumed that the deceased died without a Will, in which case, a grant of letters of administration will need to be applied for. The Q&A...