The annual Solicitors for the Elderly (SFE) Conference virtual door opened this week (Wednesday 23rd June) with a new and exciting format.
This year’s event attendees explored a day long, in-depth case study named ‘Nigel Jones’, along with a breadth of topics including lack of capacity, testamentary agreements, care options and tax implications.
SFE Chairman, Michael Culver addressed the virtual platform with a welcome presentation, followed by morning presentations from expert speakers, Naomi Winston, barrister at Ten Old Square who talked about understanding how a lack of capacity affects partnerships/limited companies and Julia Abrey, partner of Withers LLP outlined foreign assets and lack of capacity. The Principal sponsor, UK Property Rescue explored and highlighted some interesting case studies within the sector too.
The day continued to be filled with expert speakers, unpicking key legal issues and the impacts on Nigel and his loved ones, where delegates were asked to read the full case study in advance and make notes how they would approach such a scenario.
After lunch everyone reconvened to listen to Thomas Dumont QC who reiterated Nigel Jones’s case study in relation to testamentary arrangements. Those cases which tested for capacity, he referred to Common Law : Banks v Goodfellow Test (B&G). He confirmed that in 2005 the Mental Capacity Act (MCA) was passed and assumed it would replace B&G but it rapidly became clear that was not the case. He further spoke about the recent Clitheroe v Bond case (where the judgement was handed down in May this year) against MCA, while clarifying the one golden rule of Kenwood v Adams, and Re: Simpson (1977) which should be observed – and reverted back to Nigel’s case study and whether the MCA or B&G applies in this scenario.
Charlotte John, a barrister at Hardwicke explained about lack of capacity and property ownership and Cate Searle, Head of Community Care Law at Martin Searle Solicitors addressed Care needs, ending with the last key note speakers, Julie Butler FCA and Angela Evans FCCA CTA TEP from Butler & Co on the subject of Tax.
Finally, the SFE Chairman, Michael Culver’s closing remarks summarised the conference, the issues that each speaker explored and how a case such as Nigel’s is complex and needs the attention from different specialists in the sector.
