Well Done Denise

Congratulations are due for Denise Whitehead who took part in the Cambridge half marathon on Sunday 28th February.

Denise successfully covered the 13 miles in a personal best time and we are all very proud of her – she has raised so far the total of just over  £600.00 for Cancer Research. She had set a target of £350 and smashed it….

She is now looking to enter again next year!

Denise Whitehead At End Of Cambridge Half Marathon Feb 28 2016

Denise with her personal trainer at the end of the half marathon

New Partner At Adams Harrison

Tracy Spilsbury Partner At Adams Harrison

Tracy Spilsbury Partner At Adams Harrison

Adams Harrison with offices in Saffron Walden, Haverhill and Sawston, are pleased to announce that Tracy Spilsbury, Solicitor, has joined the partnership.

Tracy qualified as a solicitor in 1988 and has worked in Haverhill, Cambridge and Ely specialising in Residential Conveyancing since that time.  Tracy joined the practice in 2014, based at the Haverhill office, to complement the busy Residential Department there.  Tracy heads the Residential Conveyancing department for the firm, with her extensive experience she brings a friendly yet professional approach to the role.  She is also the firm’s Money Laundering Reporting Officer.

Adams Harrison can be contacted at any of their three offices for assistance in your house sale or purchase.

Can Attorneys And Deputies Make Gifts?

Does a Lasting Power of Attorney or a Deputyship Order provide an attorney or deputy with the authority to give away surplus assets of the donor in the hope of achieving an Inheritance Tax saving? In short, the answer is ‘no’.

A recent case in the Court of Protection has highlighted the issue of gifts made by a deputy acting under a Deputyship Order. The case concerned a widow of 92 years, (‘P’), who lived in a care home.  Her only daughter had predeceased her and P had inherited the whole of her daughter’s estate.  Two relatives were appointed as deputies to manage P’s property and financial affairs.

The deputies applied to the Court of Protection for retrospective authority for various gifts the deputies had made to themselves, their family, and friends.  It was found that over £230,000 had been given away (which amounted to 44% of the widow’s estate.)

The Court refused to grant authority for the majority of gifts and the deputies were held to be personally liable to P’s estate for the unauthorised gifts.  The deputies’ appointments were also revoked.

The Mental Capacity Act 2005 sets out the powers of an attorney acting under a Lasting Power in relation to gifts. The attorney can only make gifts:

  • ‘on customary occasions’ to persons (including themselves) who are related to or connected with the donor, or
  • to any charity to whom the donor made or might have been expected to make gifts,
  • and only if the value of each such gift is not unreasonable having regard to all the circumstances and, in particular, the size of the donor’s estate.

‘Customary occasion’ is defined as:-

(a) the occasion or anniversary of a birth, a marriage or the formation of a civil partnership, or

(b) any other occasion on which presents are customarily given within families or among friends or associates.

Deputies and attorneys should therefore understand that they only have very limited authority to make gifts.An attorney who wants to make gifts for purposes not authorised in the circumstances outlined above must apply to the court for permission.

For further information about Lasting Powers of Attorney please contact us on for expert and professional advice.

Cambridge Women’s Aid

Instead of sending Christmas Cards Adams Harrison chose to donate the money to local charities.

We were delighted to support Cambridge Women’s Aid with a donation of £350.

Please click on the image below to view their letter of thanks.

Cambridge Womens Aid Thank you letter tp Adams Harrison image