Private Client | Kingsley Napley

Capacity blog 5 - Capacity to litigate As part of our capacity blog series, we're examining the concept of an adult's ability to participate actively in legal proceedings. Understanding capacity to litigate - for individuals pursuing or defending legal claims, such as compensation after a serious injury, capacity to litigate may be called into question, particularly if they have suffered a brain injury. The two-stage test applies to determine capacity (as outlined in Blog 1). Additionally, the individual must understand, with appropriate explanation, key aspects of the litigation process, including: - The nature of the claim and its funding - The likelihood of success - Important decisions that may arise during proceedings. Personal traits such as impulsiveness or volatility may also influence the assessment. If capacity is lacking - when an individual cannot conduct litigation, a litigation friend must be appointed to act on their behalf. If a Court of Protection Deputy manages their affairs, further applications may be required for permission to litigate or incur legal fees. Our team specialises in making Court of Protection applications for Deputies and guiding clients through complex legal processes. Read more here: https://lnkd.in/eRaPfT-5 #KingleyNapley #CourtofProtection #MentalCapacity

In their new blog, our legal experts Stephanie Mooney TEP, Chris Recker and Cally Brosnan address the variety of crucial issues you need to think about when including cryptoassets in your estate. Discover how to secure your digital legacy here: https://lnkd.in/gMHetkg8 #KingsleyNapley #PrivateClient #DisputeResolution #Crypto #EstatePlanning #DigitalAssets

 CoP Talks - Empowering Minds, Protecting Lives | Episode 7 - Can an attorney/deputy make gifts? In our seventh podcast episode, expert Lauren Eyre explores the rules and considerations around the types of gifts that can be made by attorneys or deputies acting on behalf of someone who lacks the mental capacity to make such decisions themselves. Whether you are serving as an attorney or deputy or are simply interested in understanding the parameters around gift-giving on behalf of a mentally incapacitated person, this podcast provides essential insights. Learn how to navigate this complex area while upholding your fiduciary duties. Stay tuned for our weekly podcast updates. Watch episode seven here: https://lnkd.in/gZDx8sep #KingsleyNapley #CourtofProtection #Deputyship

Excellent (if I do say so myself!) Kingsley Napley Private Wealth Group breakfast seminar on Undue Influence and Incapacity with my esteemed Private Client | Kingsley Napley and Dispute Resolution | Kingsley Napley colleagues Lauren Eyre, Laura Phillips and Kate Salter. Thank you to all our guests who came - and asked us questions! #privatewealth #privateclient #disputeresolution #COP #CTAP

Capacity blog 3 - Capacity to make a gift   As part of our capacity blog series, we consider the issue of assessing one's capacity to make a gift—a crucial consideration when gifting cash, possessions, or property.   When capacity is in doubt, the following test must be applied: - Understanding: does the individual comprehend the value, the recipient, and the gift's impact on their finances? - Weighing up: can they retain and rationally consider this information?   More significant gifts that significantly affect an estate require more understanding. If an individual lacks capacity, a Court of Protection application may be required for gifts outside the accepted rules.   Key points for deputies and attorneys: - Gifts must be for customary occasions, to reasonable recipients, and proportionate to the individual's estate. - Court approval is required for more significant or non-customary gifts.   How we can assist: our experienced team supports applications to the Court of Protection, including gifting authority.   Read more here: https://lnkd.in/e-zPaxjC   #KingleyNapley #CourtofProtection #MentalCapacity  

Commenting on Nigel Farage's pledge to scrap inheritance tax if his party were to come to power, James Ward TEP, who leads our Private Client team, told Professional Adviser that "he may think his promise to abolish IHT is a vote winner, with an increasing number of estates being hit by unreformed IHT thresholds. But he has not said where he would expect to make up the £8.3bn shortfall in revenue to the Treasury that the Office for Budget Responsibility forecasts this tax will deliver this year 2024/5." Read the full article here: https://lnkd.in/evTKU3tw   #KingsleyNapley #InheritanceTax #TaxReform

🎙️ CoP Talks - Empowering Minds, Protecting Lives | Episode 6 - What is a Statutory Will? In the following podcast episode, experts Sameena Munir TEP and Lauren Eyre discuss Statutory Wills, a special type of Will made by the Court of Protection for individuals who lack the mental capacity to create a standard Will themselves. Stay tuned for our weekly podcast updates. Watch episode six here: https://lnkd.in/ecC-Bmkj #KingsleyNapley #CourtofProtection #StatutoryWill #Will

Lovely evening with friends at the Private Client Global Elite Celebratory Dinner at the The Twenty Two - thank you ALM. And yes I did wear my “tin foil” number to the office - with a jumper! Such is the glamorous world of Private Client | Kingsley Napley. #privateclient #privatewealth #tax #trusts

The Office of the Public Guardian (“OPG”) helps people in England and Wales to make important decisions for others who cannot decide for themselves. For anyone managing the property and affairs of others, it can feel daunting when the OPG gets in touch for information. However, there is no need to worry. Our legal expert Lauren Eyre tells The Association of Lifetime Lawyers how to handle their enquiry. If you have any queries, she would be very happy to help. https://lnkd.in/euEz2Jr7 #KingsleyNapley #CourtofProtection #FinancialManagement #Deputy

Capacity blog 2 - Capacity to manage property and financial affairs.   As part of our capacity blog series, we explore the assessment of an individual's ability to manage their property and finances. This assessment is crucial when capacity is in doubt and decisions, such as selling property or managing funds, need to be made.   The process involves the two-stage capacity test, alongside specific considerations like the complexity of financial matters, the individual’s ability to budget, and potential impulsiveness. Capacity may vary—someone might manage day-to-day expenses but struggle with significant financial decisions, like handling a damages award.   If capacity is lacking:  - An LPA for Property and Financial Affairs allows appointed attorneys to step in. - Without an LPA, a Court of Protection Deputy (lay or professional) must be appointed to manage affairs.   Read more here: https://lnkd.in/eTdgexTY   #KingleyNapley #CourtofProtection #MentalCapacity