We can advise about the cross-border issues that arise when someone has links to more than one jurisdiction. For example, they may be domiciled in England and own property in France. If such a person loses capacity questions arise as to firstly whether France would agree he had lost capacity and secondly what documentation would be required to satisfy the authorities in France that an English deputy had the power to deal with the property.

We can advise on:

  • cross-border protective measures that can be taken for people who have lost capacity to manage their own affairs
  • the use of powers of attorney from and in other countries
  • recognition and enforcement of protective measures from and in other countries

Our team and approach

Many of our private client solicitors are specialists in issues affecting those who have lost the capacity to manage their affairs.

This may be in the case of persons who already lack capacity (which may require an application to the Court of Protection), or those who want to plan ahead and make a lasting power of attorney. 

Our Court of Protection team has the specialist experience to take on complex problems in the area of capacity, including the issues that arise when more than one jurisdiction is involved.

Many of our lawyers are members of professional organisations such as the Society of Trust and Estate Practitioners (STEP), Solicitors for the Elderly, and the Association of Contentious Trusts and Probate Specialists (ACTAPS). Richard Frimston is the Law Society representative to the European Committee of the Union Internationale du Notariat (UIN) and is currently Chair of the STEP EU Committee and Co-Chair of the STEP Public Policy Committee.

We know that clients often instruct us at difficult times and these are sensitive matters. We understand the importance of giving clear, timely and practical advice. 

Society of Trust and Estate Practitioners

The Society of Trust and Estate Practitioners (STEP) is a unique professional body providing members with a local, national and international learning and business network focusing on the responsible stewardship of assets today and across the generations. STEP provides education, training, representation and networking for its members. Members advise clients on the broad business of the management of personal finance. Full members of STEP are the most experienced and senior practitioners in the field of trusts and estates.

www.step.org

Solicitors for the Elderly

Solicitors for the Elderly (SFE) is a national organisation of lawyers, such as solicitors, barristers, and legal executives who are committed to providing and promoting robust, comprehensive and independent legal advice for older and vulnerable people, their family and carers.

www.sfe.legal

The Association of Contentious Trust and Probate Specialists

The Association of Contentious Trust and Probate Specialists (ACTAPS) was established on Monday 8th September, 1997 for lawyers specialising in contentious trust and probate work.

www.actaps.com

Private Client Practitioner Top 25 Law Firms

eprivateclient is the leading website and news service for private client practitioners, including lawyers, accountants, trustees and fee-based IFAs. It is the only place to see the results of the Private Client Practitioner Top 25 Law Firms, Top 25 Accountancy Firms, Top 25 Trust Companies, Top 25 IFA Companies, Top 35 Under 35 and 50 Most Influential.

www.eprivateclient.com

Office of the Public Guardian

The Office of the Public Guardian supports and promotes decision making for those who lack capacity or would like to plan for their future, within the framework of the Mental Capacity Act 2005.

www.gov.uk

Solicitors for the Elderly

Solicitors for the Elderly (SFE) is a national organisation of lawyers, such as solicitors, barristers, and legal executives who are committed to providing and promoting robust, comprehensive and independent legal advice for older and vulnerable people, their family and carers.

Click here for further information

STEP

The Society of Trust and Estate Practitioners (STEP) is a unique professional body providing members with a local, national and international learning and business network focusing on the responsible stewardship of assets today and across the generations. STEP provides education, training, representation and networking for its members. Members advise clients on the broad business of the management of personal finance. Full members of STEP are the most experienced and senior practitioners in the field of trusts and estates.

Click here for further information

ACTAPS

The Association of Contentious Trust and Probate Specialists (ACTAPS) was established in 1997 for lawyers specialising in contentious trust and probate work.

Click here for further information