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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Latest Private Client News

Private Client weekly highlights—21 November 2024

This week’s edition of Private Client highlights includes: (1) Wigglesworth v Beetson, in which the claimant failed in an action for estoppel and adverse possession; (2) the Hansard Society to host a briefing on parliamentary process for Assisted Dying Bill; (3) Khan v Khan, which considered family property and constructive trusts; (4) analysis of the Autumn Budget announcement to bring unused pension funds and death benefits within the scope of IHT; (5) Palmer v Sans, which found that there was no transaction at an undervalue where property was already held on trust for the transferee; (6) KA v FA (The Secretary of State for the Home Department intervening), where the court recognised an overseas adoption notwithstanding failure of common law test; and (7) Kireeva v Bedzhamov, in which the Supreme Court has confirmed the application of the immovables rule to English property.

HoL committee issues call for evidence on Property (Digital Assets etc) Bill

A Special Public Bill Committee established by the House of Lords has issued a call for evidence on the Property (Digital Assets etc) Bill. The deadline for submissions is Friday 20 December 2024.

Privy Council rules BVI company shares are not immovable property (Al Thani v Al Thani)

Private Client analysis: In a decision which will come as a relief to private individuals who own shares in BVI companies, the Privy Council has decided that section 245 of the BVI’s Business Companies Act 2004 does not have the effect of re-categorising shares as immovable property for the purposes of succession. Written by Kyle Bonnell, pupil at XXIV Old Buildings.

Supreme Court confirms application of immovables rule to English property

The Supreme Court has unanimously dismissed Ms Kireeva’s (Russian bankruptcy trustee’s) appeal to overturn the Court of Appeal’s’ decision regarding matters arising out of the bankruptcy of Mr Bedzhamov. Peter Declercq and Patrick Elliot, partners at DCQ Legal (who acted for Ms Kireeva), discuss the implications of the judgment.

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