Abuse

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Over recent years, the issue of abuse of the elderly has risen in prominence. Such abuse can take the form of physical or psychological abuse but financial abuse has also become widespread. Those who take advantage range from family members to professional fraudsters, and it is quite likely that many instances go unreported and unseen. However, there are methods that can be adopted to prevent abuse and, in the case of financial abuse, to recover assets.

Financial abuse—detection and prevention

In recent years, abuse of the older client has become a topical issue. While the public perception may be that this is confined to physical abuse, there is, nonetheless, evidence of growing if not hidden financial abuse. This can take various forms and is often difficult to spot because those that are doing it are family members. In some cases, those abusing the older person may have the legitimacy of a lasting power of attorney (LPA) or enduring power of attorney (EPA), whether registered or not.

There are causes of action that can arise as a result of such abuse, such as undue influence and fraud, that can lead to

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Private Client weekly highlights—19 December 2024

This week’s edition of Private Client highlights includes: (1) HMRC updates form IHT100f; (2) Knight v Barnsley, which held that the Court of Protection did have jurisdiction to determine a dispute over a claimant’s deputy’s release from reverse indemnity undertakings; (3) Manolete Partners Plc v White, in which the Court of Appeal held that occupation pension benefits are generally inalienable; (4) Hannah v Revenue and Customs Commissioners, where the First Tier Tribunal (Tax) permitted the amendment of grounds of appeal to include ground that the transfer of assets abroad regime is incompatible with EU law; (5) Hirachand v Hirachand, a decision of the Supreme Court which makes it clear that success fees cannot be included in awards for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975; and (6) the Chancellor has confirmed that the Spring Forecast will take place on 26 March 2025.

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