Emily Bueno, Senior Associate in Mishcon Private, has written for Solicitors Journal on the increasing use of the Court of Protection to resolve inheritance disputes during lifetime.
Emily explains that as Baby Boomer wealth transfers accelerate, there has been a notable rise in cases involving individuals who have lost capacity, with complex family structures and greater reliance on inheritance driving more disputes to the Court of Protection rather than waiting until after death. The Court can approve statutory wills and certain lifetime gifts for those lacking capacity, with decisions guided by the individual’s best interests under the Mental Capacity Act 2005.
Emily highlights that resolving disputes in the Court of Protection offers key advantages, including a lower evidential burden and the general rule that legal costs are paid from the estate, making it a less risky and more flexible alternative to traditional post-death litigation as the scale of wealth transfer continues to grow.
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