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Graham Stott#4363

Graham Stott

gunnercooke LLP
Graham Stott is a former solicitor (2001) and a Notary Public (2007), having worked in high street, City, regional and national firms of solicitors. Graham is also a former soldier and officer who has attended the Royal Military Academy Sandhurst.

Graham is experienced in the drafting of wills, codicils, trust documents and powers of attorney, disputed wills, contentious probate, intestacy, trust disputes, Inheritance Act claims, TOLATA, proprietary estoppel, equitable accounting, and Court of Protection.

Whilst a solicitor, Graham acted for HNW individuals, company directors, entrepreneurs, non-domiciled/non-resident individuals, PRs, trustees and elderly/vulnerable clients.

Graham also has experience working with wealth preservation teams from national firms of accountants, private banks and the private wealth divisions of high street banks in wealth preservation and succession planning. Graham has acted as an enduring/lasting attorney, a professional executor and a professional trustee.

Graham’s practice includes advisory, drafting, advocacy as well as the conduct of litigation.
Contributed to

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A donor has a registered financial lasting power of attorney (LPA) appointing two attorneys jointly and severally and the donor loses capacity. Attorney A has not acted in the donor’s best interest and Attorney B now wishes for Attorney A to be removed. Does the court have power to remove Attorney A only with the LPA still being valid for Attorney B to continue to act or will the whole LPA need to be revoked?
A donor has a registered financial lasting power of attorney (LPA) appointing two attorneys jointly and severally and the donor loses capacity. Attorney A has not acted in the donor’s best interest and Attorney B now wishes for Attorney A to be removed. Does the court have power to remove Attorney A only with the LPA still being valid for Attorney B to continue to act or will the whole LPA need to be revoked?
Q&As
A testator wishes to leave their estate to their husband who may be resident in India at the death of the testator. Does such residency affect a claim for spouse exemption?
A testator wishes to leave their estate to their husband who may be resident in India at the death of the testator. Does such residency affect a claim for spouse exemption?
Q&As
A Will purports to give the executors authority to approve a variation of a Will on behalf of a minor, unborn person or person lacking mental capacity where that person’s consent would be required for the purposes of section 142 of the Inheritance Tax Act 1984 or section 62 of the Taxation of Chargeable Gains Act 1992. Is it correct that only the court could approve a variation of a Will which decreased such a person’s entitlement?
A Will purports to give the executors authority to approve a variation of a Will on behalf of a minor, unborn person or person lacking mental capacity where that person’s consent would be required for the purposes of section 142 of the Inheritance Tax Act 1984 or section 62 of the Taxation of Chargeable Gains Act 1992. Is it correct that only the court could approve a variation of a Will which decreased such a person’s entitlement?
Q&As
An attorney appointed under a financial lasting power of attorney for their mother (donor) would like to loan the donor money to pay for the donor’s care fees and secure a charge over the donor’s freehold property in return, rather than enter into a deferred payment scheme. Is the attorney permitted to secure a charge over the property or must the attorney seek permission from the Court of Protection?
An attorney appointed under a financial lasting power of attorney for their mother (donor) would like to loan the donor money to pay for the donor’s care fees and secure a charge over the donor’s freehold property in return, rather than enter into a deferred payment scheme. Is the attorney permitted to secure a charge over the property or must the attorney seek permission from the Court of Protection?
Q&As
Are there any benefits in retaining a nil-rate band discretionary trust created by Will on the death of an individual as opposed to varying the Will and allowing the nil-rate band to transfer to the surviving spouse’s estate in due course?
Are there any benefits in retaining a nil-rate band discretionary trust created by Will on the death of an individual as opposed to varying the Will and allowing the nil-rate band to transfer to the surviving spouse’s estate in due course?
Q&As
Can a UK bank refuse to recognise a foreign power of attorney and in that case, an application to court must be made to get a declaration that the power of attorney is valid?
Can a UK bank refuse to recognise a foreign power of attorney and in that case, an application to court must be made to get a declaration that the power of attorney is valid?
Q&As
Can a valid lasting power of attorney (LPA), presumably an England and Wales LPA, be recognised and enforced in Spain?
Can a valid lasting power of attorney (LPA), presumably an England and Wales LPA, be recognised and enforced in Spain?
Q&As
Does any case precedent exist that can be cited to support an application for authority to purchase property, included as part of an initial application to be appointed as deputy?
Does any case precedent exist that can be cited to support an application for authority to purchase property, included as part of an initial application to be appointed as deputy?
Q&As
Does beekeeping qualify for agricultural property relief (APR) or other inheritance tax (IHT) relief?
Does beekeeping qualify for agricultural property relief (APR) or other inheritance tax (IHT) relief?
Q&As
Does section 18(j) of the Mental Capacity Act 2005 extend to attorneys under Enduring Powers of Attorney, as well as to attorneys under Financial Lasting Powers of Attorney?
Does section 18(j) of the Mental Capacity Act 2005 extend to attorneys under Enduring Powers of Attorney, as well as to attorneys under Financial Lasting Powers of Attorney?
Q&As
Does the entry of a Caveat stop interest accruing on the inheritance tax (IHT) due on an estate?
Does the entry of a Caveat stop interest accruing on the inheritance tax (IHT) due on an estate?
Q&As
H and W own the legal title to their house and hold it for themselves as beneficial joint tenants. They both lack capacity and are in care. H made a property and financial affairs Lasting Power of Attorney appointing A and B as their attorneys. A and B are also now appointed as W’s deputies. How should A and B obtain permission to sell the house?
H and W own the legal title to their house and hold it for themselves as beneficial joint tenants. They both lack capacity and are in care. H made a property and financial affairs Lasting Power of Attorney appointing A and B as their attorneys. A and B are also now appointed as W’s deputies. How should A and B obtain permission to sell the house?
Q&As
If the only asset in a trust is a property and a trustee wishes to retire then who is responsible for the cost of preparing the deed of retirement and indemnity?
If the only asset in a trust is a property and a trustee wishes to retire then who is responsible for the cost of preparing the deed of retirement and indemnity?
Q&As
In what scenarios could a voluntary settlement over matrimonial property containing the wording ‘this settlement is intended to be irrevocable’ be revoked?
In what scenarios could a voluntary settlement over matrimonial property containing the wording ‘this settlement is intended to be irrevocable’ be revoked?
Q&As
Is a deputy for an individual without testamentary capacity, who is of uncertain domicile, able to create a statutory Will, per Practice Directions 9E and 9F?
Is a deputy for an individual without testamentary capacity, who is of uncertain domicile, able to create a statutory Will, per Practice Directions 9E and 9F?
Q&As
Is a deputy required to apply to the Court of Protection for specific authority to enter into negotiations and settle a claim without the need to issue proceedings, under the Inheritance (Provision for Family and Dependants) Act 1975?
Is a deputy required to apply to the Court of Protection for specific authority to enter into negotiations and settle a claim without the need to issue proceedings, under the Inheritance (Provision for Family and Dependants) Act 1975?
Q&As
Is it possible for a resident of Canada to execute a lasting power of attorney in respect of their financial affairs (ie bank accounts) in the UK? Does the power of attorney require any special execution formalities (such as being witnessed by a notary)? Does the appointed attorney need to be resident in the UK or can they also be a resident of Canada?
Is it possible for a resident of Canada to execute a lasting power of attorney in respect of their financial affairs (ie bank accounts) in the UK? Does the power of attorney require any special execution formalities (such as being witnessed by a notary)? Does the appointed attorney need to be resident in the UK or can they also be a resident of Canada?
Q&As
Is it possible to amend a deputyship order that provides for costs to be fixed to be costs assessed instead?
Is it possible to amend a deputyship order that provides for costs to be fixed to be costs assessed instead?
Q&As
Is it possible to apply to the Court of Protection to have an Indian deputyship/guardianship order recognised in the UK?
Is it possible to apply to the Court of Protection to have an Indian deputyship/guardianship order recognised in the UK?
Q&As
What would be the tax position on the death of a partner of a two-partner general partnership where the partnership agreement provides for the deceased partner's interest to vest in a third party and for a new partnership to be deemed to be formed automatically between the surviving partner and the third party?
What would be the tax position on the death of a partner of a two-partner general partnership where the partnership agreement provides for the deceased partner's interest to vest in a third party and for a new partnership to be deemed to be formed automatically between the surviving partner and the third party?
Q&As
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Practice Areas

Panel

  • Q&A Panel

Qualified Year

  • 2001

Membership

  • Notaries Society
  • Chancery Bar Association
  • Court of Protection Practitioners Association
  • Family Law Bar Association
  • Society of Trust & Estate Practitioners
  • Solicitors for the Elderly
  • Association of Contentious Trust and Probate Specialists

Education

  • STEP Advanced Certificate in Trust Disputes
  • Post-Graduate Diploma in Notarial Practice
  • Post-Graduate Diploma in Legal Practice
  • LLB (Hons)
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