We are often asked whether some who is in the early stages of dementia or of mental decline of some other kind, is able to make a Will.

In order to make a valid Will, a person must satisfy a legal test of capacity:-

1. does the person making the Will understand what they are doing and also its effect?

2. do they understand the approximate extent of their assets and therefore what they can give away under their Will?

3. do they have an awareness of who may have claims on their assets?

4. and these understandings must not be impaired by any disorder of the mind or delusions.

The effect of this is that confusion of the mind, or a condition such as dementia which affects the ability of a person’s mind to satisfy the test referred to above, can mean that someone is unable in legal terms to make a Will.  The only way around this is to apply through the Court of Protection for a statutory Will to be made on their behalf, which is a costly and lengthy procedure, requiring careful handling.

With this in mind, it is important that they should make a Will before it is too late.  In a situation of this nature where someone is in the early stages of dementia, we would generally recommend that the Will is witnessed by a specialist psychiatrist or the like, who would also produce a report on the person’s capacity, so as to help to prevent any challenge to the Will in the future on grounds of mental incapacity.

If a person makes a Will when they are entirely lucid but they then later lose their mental faculties, the Will is not invalidated and, in some circumstances, where a person has the necessary mental ability to give instructions for the Will but they then lose that ability before they sign it, the law will uphold the Will.

This all underlines the importance that everyone should make a Will while they are fully able to do so, rather than leaving it too late. If a person’s situation is borderline, it is very important that a specialist Will-maker is involved, who understands the issues and how to deal with them correctly.  We are accredited members of the Law Society’s Wills and Inheritance Quality Scheme and have an experienced and professional Team of Solicitors who specialise in this area – for further advice please contact us on (01267) 237441 – Option 2.

 

 

If you applied to register a Lasting Power of Attorney or an Enduring Power of Attorney between 1^st April 2013 and 31^st March 2017, you can now claim back some of the fees, as it has now been decided that the registration fees charges at that time were too high.

The refund will be an amount of between £34.00 and £54.00 (depending on the timing of the registration) plus interest at 0.5% and this will be paid directly into your bank account.

You can apply for a refund either by telephoning 0300 4560300 (option 6) or applying online at gov.uk/power-of-attorney-refund. Your bank account number and sort code will be needed as part of this application.

For advice on Lasting Powers of Attorney and their registration, or on the registration of Enduring Powers of Attorney, please contact our Probate Department on 01267 237441 (option 2) or by e-mailing ceri.davies@utk.co.uk or luned.voyle@utk.co.uk.

 

Egress Switch email encryption 

In order to enhance our cyber security, as from Tuesday 9^th January 2018, we will be using Egress Switch Secure Email to share confidential information securely by encrypted email, and send and receive encrypted large files. We have chosen to use Egress Switch when sending confidential information via email and file transfer to comply with data protection regulations and ensure that when this information needs to be shared with third parties, it is done so securely.

What is Egress Switch Secure Email?

Egress Switch Secure Email enables users to send and receive sensitive data securely, including emails and file attachments. The system is free to use and sending encrypted large files using Switch also overcomes the usual attachment file size limitations and it is a Government certified product.

How do I use Egress Switch to read emails sent to me?

If you receive an Egress Switch encrypted email or a large file from us, please read this guide to help you access the email. You do not need to download or install any software to read emails sent using Egress Switch, although desktop and mobile apps can be downloaded free of charge from https://www.egress.com.

1. To open an email secured by Egress Switch, click on the ‘read this secure email’ link within the notification email you receive.
2. You will be directed to the Egress Switch sign in page, where you can select ‘New User’ and go through the short process to create a free Egress Switch ID.
3. After creating an Egress Switch ID and signing in, you will be able to read the secure email online.

Setting up a free Egress Switch account enables you to reply and initiate secure emails to us. Please note though that if you have more than one e-mail address that you use to e-mail us, you will need to register each e-mail account separately.

Need to send us a secure email?

If you have already created an Egress Switch ID, use Egress Switch you can now use the software to send encrypted information or large files to us. After signing in, you will be able to compose your email to us, adding any attachments as required. The email and any attachments will be encrypted and sent when you press ‘Send’.

Alternatively, you can download free desktop and mobile apps from the Egress website to send emails from Microsoft Outlook and mobile devices.

Recipient support

If you need any help using Switch, please visit the support centre www.egress.com/support

Alternatively, you can email Egress Switch support at support@egress.com or if you would rather speak to a member of the support team, call Egress Europe (UK) on 0844 8000 1730.

Further information

For more information about Switch, please visit www.egress.com.

Egress will never share your information with any third parties. For more details, please refer to their privacy statement. (www.egress.com/privacy-statement)

Egress Software Technologies is committed to providing the highest level of service. View links to legal terms and conditions for the different areas of Egress here. (https://www.egress.com/legal) 

Certifications  

As the first, and currently only, CESG CPA Foundation Grade email encryption product, Egress Switch Secure Email has been certified by UK Government to enable Public and Private Sector customers to share OFFICIAL and OFFICIAL-SENSITIVE data over the internet, without the need to manage third party credentials.

Egress Software Technologies is also certified to the ISO 27001:2013 standard, which serves as the international benchmark for information security management, and outlines how to implement and uphold an independently assessed and certified information security management

 

 

 

 

Please click on the link below for an interesting article recently published by the Guardian about an anticipated ‘groundbreaking’ change of approach by the Family Court when dealing with cases involving parental alienation in divorce and separation.

This is a change that will, no doubt, be welcomed by many parents and family law practitioners.

Becoming estranged from a parent for unjustified reasons can cause a child real emotional harm and the Family Court, over the past decade, has started to sit up and take notice of this very real issue. It appears that in many cases, the Court will now go even further.

These anticipated changes should stand as a firm warning to any parent.  A relationship breakdown will often result in one or both parties feeling hurt and anger towards the other. The message from the Family Court is clear on the matter; if an individual is not able to put aside those feelings and place their children’s needs before their own, the Court will intervene, with in the most severe of cases, some serious consequences to the parent guilty of driving the alienation.

https://www.theguardian.com/society/2017/nov/17/parental-alienation-divorce-custody-crackdown-cafcass

 

 

Recent statistics show that a third of couples who purchase properties jointly with unequal deposit contributions fail to take the appropriate steps to protect their differing contributions. Many individuals will not raise the issue with their partner for fear of upsetting them or damaging trust. However, without appropriately addressing the issue, an individual who has contributed more to the purchase of the property will have no guarantee of recouping their fair share should the relationship breakdown.

The issue is becoming more prevalent with first time buyers increasingly sourcing deposits from multiple sources (e.g. gifts and loans from family, Help to Buy ISAs, Help to Buy shared equity arrangements). It is estimated that just 30% of first time buyers provide a deposit entirely from their own funds.

At Ungoed-Thomas & King, we sensitively address this issue with all of our clients who are jointly purchasing a property and can prepare an appropriate Declaration of Trust to reflect both individuals’ interests. As a matter of course, we would record the contents of the Declaration of Trust against the title register; this will prevent the parties selling the property without complying with the provisions of the Declaration of Trust

For informed and comprehensive advice on any aspects of buying or selling a property, please contact our experienced Property Team on 01267 237441.