GHP Insights

News, Q&As and Press Releases From Our Team

Q&A Who will manage my affairs if I lose mental capacity and have no-one I can appoint as attorney?

I was widowed a few years ago and have no children or even godchildren. My only living relative now is my sister, and she lives abroad. Over the past year this has played on my mind because I have watched two close friends lose mental capacity due to dementia. In their cases they had children who had a registered lasting power of attorney to handle their affairs, but what does someone like me do when they have no-one to act for them?

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Q&A Can a conveyancing solicitor act for both the seller and the buyer?

I want to sell a rental property I own to long-term tenants who live in it. As these tenants have never owned a property, they have no idea about appointing solicitors or how to get a mortgage. I have passed on details of a mortgage broker but was unable to tell them whether we could all use the same solicitor. Please can you advise?

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Q&A How can I get my wife sectioned under the Mental Health Act for her safety?

I am paraplegic following a motorbike accident. Five years ago, my wife was diagnosed with depression and has been prescribed various medications, all with adverse side effects. Last year she was diagnosed with Alzheimer’s......

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Q&A What options do Executors have to administer an estate if they are uncertain?

I am one of two executors appointed by a friend of ours in his Will. He has dementia and is now nearing the end of his life. The problem is that we executors are both older and neither of us are in the best health. In honesty we regret having agreed to be executors, but as our dear friend is no longer of sound mind and therefore unable to appoint new executors, it seems we may be stuck with the job. Do we have any other options?

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Q&A Letting agent is refusing to refund deposit, what can I do?

I have recently moved out of a rented house and the agent is refusing to return my deposit because he says the place needed a deep clean, including carpets, new mattresses and a new hob. He says I damaged them, but the hob was scratched all over before I moved in a year ago, and the mattresses were already stained. The place needed decorating when I moved in too, but it was never done. As for the carpets, they were filthy. He produced a so-called check-in report which I have never seen before and certainly didn’t sign, and the photographs on it were clearly taken well before my time here. Also, there was no actual check-out report or photographs. What can I do?

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Q&A Is there such a thing as a post-nuptial agreement?

Two years ago, my husband was in a serious road traffic accident which left him with life changing injuries for which he has received interim payments. We have both been married before and I have three children from a previous marriage. Because of this my husband wants us to have a post-nuptial agreement drawn up before his final compensation is awarded. I have heard of pre-nuptial agreements but was not aware you could have a similar agreement drawn up after marriage. Is this true?

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Q&A Can children be made beneficiaries of grandfather’s Will retrospectively?

My father has lost mental capacity and is in a home. I have just found out from his brother that he has not changed his Will since my mother died over thirty years ago. This means my sister and I will be his sole beneficiaries. We had hoped he would have changed his Will when we had our children so that they could have benefited from his wealth too. Now we could all be facing an unnecessary tax liability. Is it possible to make them beneficiaries retrospectively after he dies?

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