Making a Will is one of the most important steps an individual can take to protect their loved ones and ensure that their wishes are carried out after death. However, many people in the UK remain unaware that outside of the legal profession the Will writing industry can be largely unregulated. Each year thousands of people prepare their own Wills without seeking legal advice or with the help of unqualified Will writers who might lack adequate legal training. This can leave individuals open to poor advice, invalid documents and devastating legal consequences.

The recent case of Tedford V Clarke & Ors heard in April; the High Court provides a stark reminder of what can happen when things go wrong. This case was brought by Mr Tedford, Mrs Veronica Clarke’s nephew, who was appointed as her Executor in order to seek clarity and an interpretation of the Will. The poorly drafted Will had been prepared by an unqualified person holding himself out as a Will writer.

Veronica’s Will, which revoked a previously professionally drafted Will was so badly written that it included references to Abbey National Bank which had ceased to exist long before the Will was written. In addition, some of the clauses in the Will appeared to contradict each other about who the actual beneficiaries were. This led to confusion as to whether the nieces and nephews of Mrs Clarke (including Mr Tedford) were entitled to inherit. Disagreements about this exacerbated the already difficult family circumstances, as there was also a separate case being brought for the removal of Mr Tedford as the Executor.

Judge Cadwallader who heard the case noted that the legal jargon used in the Will shows ‘a limited understanding of their meaning and function and of the underlying body of law’. He also summarised that the badly drafted Will had caused ‘untold anguish, substantial expenses and delay and destroyed family relationships’.

Partner Caroline Flint, from our contentious probate team comments that “The Executor had no choice but to make an application to the Court for guidance before he could proceed with the administration of the estate. This caused significant funds to be depleted from the deceased estate and the potential to generate a rift between the family for generations to come”. “This is why it is important to make sure that the person you instruct is suitably qualified to understand your wishes and advise accordingly”’.

Why use a regulated firm?

Choosing a legal adviser from a regulated firm to prepare your Will ensures:

• Legal accuracy
• Complicated family, business and personal circumstances are taken into account.
• Tax and financial implications are accurately addressed
• Valid execution
• Safe storage
• Recourse if something goes wrong and a record of the advice is available.

At Mayo Wynne Baxter, our experienced Private Client team can give you the peace of mind of knowing that this is all in hand.

When families are considering placing a loved one into a care home, the process can be emotionally and practically overwhelming. Among the many questions that arise, one that often causes confusion is why some care homes insist on a Lasting Power of Attorney (LPA) or deputyship order being in place before they can formally admit a resident.

This post sheds some light on this requirement and why it is not only common but often essential for the protection of both the resident and the care provider.

Understanding Legal Capacity and Decision-Making

Under the Mental Capacity Act 2005, individuals must be assumed to have capacity to make decisions unless it is established that they lack it. However, for many people entering care, particularly those with dementia, severe learning difficulties, or other cognitive impairments, there may be concerns about their ability to make complex decisions, such as entering into a contract with a care provider.

This is where an LPA or deputyship becomes crucial.

The Role of an LPA or Deputy

A Lasting Power of Attorney is a legal document in which a person (the “donor”) appoints one or more individuals (the “attorneys”) to make decisions on their behalf if they lose capacity. There are two types: one for property and financial affairs, and one for health and welfare. For care home admission and fee arrangements, the financial LPA is particularly relevant.

If the person has already lost capacity and no LPA was made in advance, then an application must be made to the Court of Protection for a deputyship order. This process can take several months and can be more costly and complex than setting up an LPA beforehand.

Why Care Homes Require Legal Authority

Care homes typically ask for proof of legal authority (either an LPA or a deputyship) for several reasons:

1. Contractual Agreement: Admission to a care home involves entering into a legally binding contract for services and payment. If the prospective resident lacks capacity, someone else must have legal authority to enter into the agreement on their behalf.
2. Financial Safeguards: Care homes need to ensure that the person managing the resident’s affairs has the legal right to do so. This helps prevent disputes about payments and financial responsibilities down the line.
3. Health and Welfare Decisions: In some cases, care homes may also need to liaise with attorneys or deputies about decisions relating to the resident’s care, medical treatment, or where they live.
4. Regulatory Compliance: Care providers are under increasing scrutiny to ensure they are acting lawfully and ethically. Verifying legal authority helps them meet their safeguarding obligations.

What Families Should Do

If your loved one still has capacity, the best course of action is to help them put in place a Lasting Power of Attorney as early as possible. It’s a relatively straightforward process but can be invaluable later on.

If they have already lost capacity, you should speak to a legal advisor about applying for a deputyship order. Be aware that this can take several months, so it’s important to begin the process early if care home admission is imminent.

Final Thoughts

Although it may feel like another administrative hurdle at a stressful time, the requirement for an LPA or deputyship is ultimately about ensuring that decisions are made lawfully and in the best interests of the person going into care. As a Court of Protection lawyer, I’ve seen firsthand how having the right legal authority in place can ease transitions, avoid disputes, and provide peace of mind for families and care providers alike.

If you need help setting up an LPA or making an application to the Court of Protection, don’t hesitate to get in touch with our team. We’re here to guide you through the process.

In our increasingly global world, it’s not uncommon for close family members of vulnerable adults to be living abroad. One question I often encounter as a Court of Protection lawyer is whether someone living overseas can apply to be appointed as a deputy for a loved one in England or Wales who has lost capacity. The answer is yes, but with some important caveats and considerations.

Can Someone Living Abroad Be a Deputy?

Yes, it is legally possible for someone who lives outside of the UK to apply to be appointed as a deputy by the Court of Protection. The Court does not automatically exclude overseas applicants. However, the applicant must demonstrate that they are suitable, willing, and able to fulfil the role responsibly, despite not being physically present in the UK.

The most common scenarios involve children, siblings, or other close relatives who have relocated abroad for work or family reasons but still want to support a loved one in the UK.

Challenges Faced by Overseas Deputies

While the Court may be open to the idea, being a deputy from abroad is not without its challenges. Below are some of the key issues international deputies may face:

1. Practical and Logistical Difficulties

Deputies are expected to manage finances, deal with banks, pay bills, and liaise with care providers. Doing this from abroad can be difficult due to time zone differences, international call costs, and potential issues with verifying identity remotely.

2. In-Person Requirements

While much of the deputy’s role can be carried out remotely, there may be situations that require a physical presence, such as inspecting property, attending care reviews, or managing personal belongings. Being overseas may limit a deputy’s ability to respond promptly to urgent needs.

3. Supervision and Scrutiny

Deputies are supervised by the Office of the Public Guardian (OPG), and those living abroad may come under increased scrutiny simply because the OPG cannot easily engage with them in the same way as a UK-based deputy.

4. Banking and Financial Restrictions

Some UK financial institutions may be reluctant to deal with deputies who are based overseas, especially when setting up deputyship accounts or signing documents that require certified UK-based identity verification.

How to Mitigate These Challenges

While there are certainly hurdles, many of them can be managed with careful planning. Here are some steps that overseas deputies (or prospective deputies) can take to make their role more effective and less burdensome:

1. Appoint a Co-Deputy Based in the UK

One of the most effective solutions is to apply jointly with someone who lives in the UK. This co-deputy can handle tasks that require a local presence, while the overseas deputy remains actively involved in higher-level decision-making.

2. Use a Professional Deputy for Complex Matters

Where finances are substantial or complex, it may be appropriate to appoint a solicitor or professional deputy to act either solely or alongside a family member. This provides continuity, expertise, and ensures compliance with legal obligations.

3. Delegate Day-to-Day Tasks (with Caution)

Although deputies cannot delegate decision-making responsibility, they can use agents to assist with practical matters, such as employing a UK-based accountant, care coordinator, or solicitor. However, ultimate accountability always remains with the deputy.

4. Use Digital Tools and UK-Based Addresses

Setting up UK-based bank accounts with online access, secure cloud storage for important documents, and communication tools like Zoom can help bridge the gap. Some deputies also use a trusted UK address (such as a sibling’s or solicitor’s office) for correspondence.

5. Keep Detailed Records and Communicate Regularly

Deputies must report annually to the OPG. Clear, thorough record-keeping is especially important for overseas deputies. Regular written updates to other family members or professionals involved in the person’s care can also demonstrate transparency and proactive management.

Final Thoughts

The Court of Protection recognises that being geographically distant does not prevent someone from being devoted, capable, and responsible. That said, the role of a deputy is serious, and the challenges of managing it from abroad should not be underestimated.

If you are considering applying for deputyship from overseas, it’s wise to seek early legal advice. A well-prepared application and a realistic plan for fulfilling the role can make all the difference in securing the Court’s approval and ensuring the best outcome for your loved one.

If you’d like to speak confidentially about your situation, our specialist Court of Protection team is here to help.

When someone loses the capacity to make decisions for themselves, it can be an emotional and overwhelming time.

If there’s no lasting power of attorney (LPA) in place, you may need to apply for deputyship to legally manage their affairs. But what does the process actually involve?

In this post, we break down the application process.

1. Assess Capacity

Before applying, it must be confirmed that the person lacks capacity to make decisions. You’ll need a specific type of capacity assessment completed by a professional – usually a doctor, social worker, or psychiatrist.

2. Choose who will apply for Deputyship

You might want to apply for deputyship yourself, or with another person. This is called a “Lay Deputy”. We can send you guidance on what is required of a deputy to help you to decide. If you can’t decide, or there is no one to act, we can apply to be appointed as professional deputy.

If a lay deputy is to be appointed, we will send them our onboarding paperwork and ID checks to complete. This can be done remotely.

3. Complete our Questionnaire

We will send you a questionnaire to complete with all of the information we need to draft the application forms.

4. Complete the Forms

We will send you the draft application forms to check and sign.

5. Notify Interested Parties

We are required to inform the person you’re applying to act for, and anyone else with an interest (like close family). This gives others a chance to object if necessary. We must wait 14 days between sending the notifications and submitting the application.

6. Submit the Application

We will submit the application online and pay the application fee.

7. Court Review and Decision

The Court of Protection will review the application. If there are no objections and everything is in order, they’ll contact the deputy to arrange a surety bond (a type of insurance) and issue a court order appointing the deputy.

8. What Happens After You’re Appointed?

We will send you the order and our advice on the same.

You will be under the supervision of the Office of the Public Guardian, who will contact you to discuss your new role.

Final Thoughts

Deputyship is a serious legal responsibility, but it plays a vital role in protecting vulnerable individuals. While the process can seem complex, understanding each step and getting proper advice can make it far more manageable.

If you’re considering applying for deputyship, make sure to start gathering documents early and don’t hesitate to ask for help.

Need help applying for deputyship or understanding your options? Reach out to our team.

When acting as a deputy under a Court of Protection order, you may need to sell a property on behalf of the person who lacks capacity (P). This could be necessary to fund care, downsize to more suitable accommodation, or manage their financial affairs effectively. However, the process is subject to strict legal and procedural requirements to ensure P’s best interests are protected.

Securing the Property

First things first, if P has moved into care, ensure the property is insured and well-maintained during the sales process. You should also consider arranging house clearance services if necessary.

This guide outlines the key steps and legal considerations involved in selling a property as a deputy.

1. Do You Have the Authority to Sell?

Check the Deputyship Order

Your first step is to review the deputyship order issued by the Court of Protection. Not all financial deputyship orders automatically grant the authority to sell P’s property.

If the order specifically authorises property sales, you can proceed with the transaction as long as it is in P’s best interests.

If the order does not mention property sales, you will need to apply for additional authority from the Court of Protection before proceeding.

If you are unsure, seek legal advice to clarify your powers. Acting without the proper authority could lead to delays, legal challenges, or even personal liability.

Joint Ownership Considerations

If P owns the property jointly with someone else (e.g., a spouse or family member), additional steps may be required. In cases where the co-owner also lacks capacity, a deputyship or trustee application may be needed to sell the property.

2. Assessing P’s Best Interests

Under the Mental Capacity Act 2005, all decisions made on behalf of P must be in their best interests. Before proceeding with a sale, consider:

Does P need to sell the property? For example, is the sale necessary to fund care home fees, or is the property unsuitable for P’s needs?

Would P have wanted to sell the property if they had capacity? If they previously expressed a wish to remain in their home, this must be taken into account.

Are there any alternatives to selling? Could renting out the property generate income while keeping P’s assets intact?

What are the views of family members or close friends? Their input can help ensure a well-rounded decision.

Where possible, consult P to understand their preferences, even if they cannot make the final decision.

3. Applying to the Court of Protection (If Required)

When an Application is Necessary

If your deputyship order does not grant permission to sell, you must apply to the Court of Protection and include a witness statement which should outline:

1. A description of the property
2. A professional valuation of the property
3. The circumstances in which P came to be living in their current placement
4. Steps which have been or will be taken in respect of any Deprivation of Liberty
5. Why selling is in P’s best interests
6. Any steps taken to consult P or their family
7. How sale proceeds will be used

• The court may take several months to process the application, so factor in potential delays when planning the sale.

Preparing for the Sale

Once you have the necessary authority, you can begin the sales process. Steps include:Valuation & Estate Agents

• Obtain at least three valuations
• Appoint a reputable estate agent with experience in handling property sales for those who lack capacity.

Legal Representation

Instruct a solicitor who understands deputyship-related property transactions.

5. Selling the Property

As a deputy, you must ensure the property is sold for a fair market value. Selling below market price without justification could lead to legal challenges or intervention from the Office of the Public Guardian (OPG).

Key Steps in the Sales Process:

1. Accepting an Offer – Ensure the offer reflects market value, taking into account property condition and local prices. You can request a “Best Price Certificate” from the estate agent.

2. Informing the OPG – While you don’t always need approval before completing the sale, keeping the OPG informed helps demonstrate transparency.

3. Exchanging Contracts – Your solicitor will handle the exchange, ensuring the deputyship order (or court approval) is in place.

4. Completion – Proceeds from the sale must be placed in a deputyship account and used in P’s best interests.

6. Managing Sale Proceeds

Once the sale is completed:

• Inform the OPG of the sale and update P’s financial records.

• Consider financial planning – If the funds are not immediately needed, seek professional advice on managing them in P’s best interests.

• Keep detailed records – The OPG may require evidence of how funds are used, so maintain a clear audit trail.

Final Thoughts

Selling a property as a deputy is a complex process that requires careful planning and strict adherence to legal requirements. Ensuring that all steps are taken in P’s best interests, obtaining the necessary court authority, and keeping accurate records will help protect both P’s rights and your position as deputy.

If you’re currently considering a property sale as a deputy, get in touch with our team.

Court of Protection deputies play a crucial role in safeguarding the interests of individuals who lack mental capacity to manage their affairs. However, as we move through 2025, deputies—whether professional, local authority, or lay (family) deputies—are expected to face an increasing number of challenges. From systemic court delays to financial pressure, deputies must navigate a complex landscape to ensure they continue acting in the best interests of the people they support.

Below are some of the key challenges expected to shape deputyship in 2025.

1. Court Delays and Backlogs

The Court of Protection has been experiencing significant delays in processing applications, and this is likely to persist or even worsen in 2025. Factors contributing to this include:

Increased applications – More local authorities are now required to apply for deputyship after being told they cannot manage private pensions under appointeeship.

Staffing shortages – The court system continues to struggle with resourcing issues, affecting case processing times.

Complex applications taking priority – Cases involving disputed capacity, safeguarding concerns, or complex financial arrangements may take precedence, delaying routine applications.

For deputies, this means longer waits for crucial orders, such as property sales, access to funds, and approval for financial planning decisions. Managing expectations and planning ahead will be more important than ever.

2. Increased Scrutiny from the Office of the Public Guardian (OPG)

In recent years, the OPG has tightened its oversight of deputies, in particular, we have seen an increased scrutiny of OPG102 annual reports, requiring more detailed justifications for expenses and investment decisions.

Family members acting as deputies may struggle to meet administrative and reporting requirements without professional guidance.

3. Cost of Living and Financial Pressures

Economic uncertainty and rising costs will continue to impact deputies, particularly those managing finances for individuals on limited incomes. Challenges include:

Increasing care costs – Residential and domiciliary care fees are rising, making it harder to ensure long-term financial sustainability.

Managing property in a buyer’s housing market – Deputies selling property to fund care may struggle with market fluctuations.

Balancing financial planning with the individual’s best interests will be more challenging than ever, requiring deputies to seek specialist financial and legal advice.

Final Thoughts

Being a Court of Protection deputy in 2025 will come with increasing challenges, from longer court delays to greater financial pressures and more scrutiny over decision-making. Deputies will need to be more proactive than ever, keeping detailed records, planning ahead, and seeking expert advice where necessary.

Families in the South East are being urged to take action to safeguard their financial future ahead of upcoming changes to inheritance tax (IHT) rules.

The latest budget announced a freeze on the IHT nil rate band and residence nil rate band thresholds until 2030, meaning more families are likely to be impacted as property values continue to rise. Changes to tax relief on certain assets and adjustments to pension rules will see more estates facing unexpected tax liabilities.

Rebecca Louis and Matt Parr, both Partners at award winning, Mayo Wynne Baxter solicitors, warns that failing to plan ahead could result in significant financial losses for loved ones, with many unaware of the options available when it comes to planning to mitigate IHT.

New research from The Association of Lifetime Lawyers, a membership body of expert lawyers from across the UK, reveals a sharp increase in concerns around IHT. A staggering 80% of their lawyers have reported a surge in IHT-related enquiries over the last six months alone, with interest spiking further (68%) following the latest budget.

More than three-quarters (77%) have observed a growing trend of clients exploring the option of gifting assets during their lifetime to reduce the IHT bill their loved ones might have to pay. Despite this rising demand, 66% of lawyers believe many people remain unaware of their options for IHT planning.

Matt Parr stresses the urgency of acting before it is too late: “The landscape of IHT is shifting rapidly, and we’re seeing many people left uncertain about how to protect their loved ones. We’ve seen an increase in interest in property gifting, as well as growing concerns about access to pensions funds that could jeopardise long-term financial security.”

“The complexity of these changes has caused confusion among families. Taking proactive steps now can help minimise the impact of IHT and ease financial and emotional stress for your family. Discussing finances and estate planning may feel challenging, but being open about it is key to ensuring loved ones are well cared for in the future.”

Rebecca Louis adds: “One big change is that from April 2027 most unused pension pots and lump sum death benefits will become part of a person’s estate for IHT purposes, potentially pushing many more people over the IHT threshold.  Given the potential impact of this change, it’s a good time to review your will as part of your overall investment and gifting strategy to ensure your legal and financial arrangements are as tax-efficient as possible.”

Seeking professional advice from a specialist solicitor, such as an Accredited Lifetime Lawyer, can provide peace of mind and a clear strategy to navigate these complex changes with confidence.

I read an article about Max George, singer of The Wanted, who revealed to The Sun Newspaper that he wrote a Will from his hospital bed before having surgery for a heart condition.  Max George told The Sun that he took his phone out and started spelling out what to do with his assets. This article starkly reminded me of the importance of planning ahead and seeking proper advice so that if life takes an unexpected turn, you aren’t scrambling to address legal and financial matters.

In this instance, Max George taking his phone out to make notes in a phone app would not meet the criteria for a valid Will. In the UK, electronic wills, including detailed instructions in a note’s app remain invalid under the law. The current legislation mandates that a Will must be in writing, signed by the testator, and witnessed in the presence of two independent witnesses who also sign the document. If these requirements aren’t met, no matter the exigent circumstances, it is likely to result in the estate being distributed under intestacy rules instead of the Testator (in this case Max)’s own wishes. Max George also lives with his partner Maisie Smith, but they aren’t married which means that under the rules of intestacy she would not be automatically entitled to receive anything from his estate.

Max George’s particular circumstance involved him going in for heart surgery which also carries other potential risks such as temporary incapacitation or unforeseen complications. What Max may not have considered is the importance of also having in place Lasting Powers of Attorney (LPAs). While most operations are successful, it’s essential to plan for every outcome.

An LPA allows you to appoint someone you trust to make decisions on your behalf, with your permission for the Lasting Power of Attorney for Property and Finance, or if you are no longer able to do so for both. There are two types:

• Health and Welfare LPA: Covers medical care, living arrangements, and other personal matters.
• Property and Financial Affairs LPA: Relates to your finances, including bills, investments, and property.

As this situation reminds us, younger adults are not immune to unexpected events like accidents or sudden illnesses. Without LPAs in place, your loved ones might face lengthy legal processes to gain decision-making authority in order to help manage your health and financial affairs.

This story highlights an issue many prefer to avoid: the unpredictability of life. Writing a Will and setting up Lasting Powers of Attorney are often perceived as something to do later in life. However, the story of Max George and his late bandmate Tom Parker, who died in 2020 without a Will shows, life’s uncertainties mean it is always best to be prepared.

Wills are not just for celebrities, the elderly or those with significant wealth. They are vital for anyone with dependents, assets, or specific wishes regarding their estate. From appointing guardians for children to specifying how property should be distributed, a Will ensures that your intentions are honoured.

Our firm specialize in Wills, Lasting Powers of Attorney, Attorney Affairs and Probate, offering guidance tailored to your unique circumstances. We understand that these conversations can be emotionally challenging, but they’re also an important act of love and responsibility. By addressing these matters now, you can spare you and your loved one’s additional stress during difficult times and provide them with the reassurance of knowing your wishes are clear.

Georgia Dellar

The Solicitors Regulation Authority has recently published their findings on a very small thematic review of probate files across all types of legal practice and it evidences lack of supervision being a problem.

The study consisted of a meeting with the head of the firms’ private client teams and at least one legal adviser as well as a review of training records and accounts.

The findings, while seemingly stark, were based on the review of just 30 files across 25 law firms. Still, it will absolutely be enough to cause concern within the wider public. Mayo Wynne Baxter was not one of those firms reviewed.

Mayo Wynne Baxter prides itself on the levels of supervision, guidance and mentoring provided to all members of the Private Client team, whether they are starting out in their careers or leading teams. Our files are reviewed regularly as part of our firm’s accreditations from the point of view of both financial regulation compliance, and the advice provided and progress being made. Corrective action is recorded and time limited and help ensure client expectations and needs are met if not exceeded.

The team also provides an open and honest file amnesty option – the ability for advisors to “hit reset” on files and ask colleagues to help manage them if they feel they need the support. The system is designed to ensure our clients get the best service from us and prevent our advisors from becoming overwhelmed if matters become more complex than initially considered, so there is always a suitably qualified advisor ready to step in and assist for the benefit of our clients.

Our advisors are highly trained in their field, often achieving additional qualifications/accreditations including STEP awards and Association of Lifetime Lawyers membership. Many are recognised as leaders in their field and have years of experience to draw on and assist colleagues.

Our solicitors comply with ongoing continuing competence requirements and record their development needs regularly. They are required to challenge themselves to acquire new skills and undertake training to meet those needs as part of their ongoing personal development.

Our Private Client team were thrilled to win the “Most Client Focused Solicitors 2024 – Sussex” at the Southern Enterprise Awards; Tax and Trusts Team of the year 2024, and Private client Practitioner of the year 2024 from the British Wills and Probate Awards a reflection of the efforts we put into to ensuring clients come first.

So while the message from the SRA is not entirely positive, you can be assured that Mayo Wynne Baxter is ahead of the curve and our team of probate specialists have all they need to support you.