Older Client Update 2026

KEY SUBJECTS

• PAYING FAMILY TO CARE
• REDUCING RISKS OF CLAIMS ON AN ESTATE
• CASE LAW ROUNDUP
• SELF-FUNDERS AND LOCAL AUTHORITY SUPPORT
• PREDATORY MARRIAGES

SPEAKERS

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer

Michael Culver, Managing Director, Culver Law Ltd

Cate Searle, Director and Head of Community Care Law, Martin Searle Solicitors

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

PAYING FAMILY TO CARE

With so many family members providing care, there will be a need to regulate their involvement to avoid later conflict between family members, the HMRC and public authorities

• What is gratuitous care and when do you always need court authority?
• Unjust enrichment claims (Roger v Wills [2025] EWHC 1367 Ch)
• Managing direct payments and employment: considerations as a deputy or attorney, including recent case law update in this area
• Local authorities approach to paying family

Cate Searle, Director and Head of Community Care Law, Martin Searle Solicitors

REDUCING RISKS OF CLAIMS ON AN ESTATE

Litigation post death is increasing and this session will focus on the risks professionals need to be alert to and how to reduce claims.

• Lack of testamentary capacity
• Undue influence and fraudulent calumny
• Lack of knowledge and approval
• Negligence in execution of will
• Potential claims under the Inheritance (Provision for Family and Dependents) Act 1975

Michael Culver, Managing Director, Culver Law Ltd

CASE LAW ROUNDUP

A round up of recent cases of interest from the Court of Protection including

• Capacity
• Lasting powers of attorney
• Social care case law
• Ombudsman decisions

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer

SELF-FUNDERS AND LOCAL AUTHORITY SUPPORT

Self-funders often incorrectly believe they are not entitled to anything from the local authority. This session will focus on what they may get.

• The right to an assessment
• The right to information
• Safeguarding and advocacy
• Eligibility and services which are free or at cost
• The main or only home used as collateral to fund care

Cate Searle, Director and Head of Community Care Law, Martin Searle Solicitors

PREDATORY MARRIAGES

The case of Joan Blass has shone a spotlight on romance scams and predatory marriages. It has been considered by the Law Commission in its recent report on modernising wills and also in Parliament. This session will unpack some of the issues and what can be done.

• What is a predatory marriage?
• Capacity to marry
• The Law Commission’s Modernizing Wills report
• Coercion and control in relationships
• Court of Protection and other applications
• Stopping a marriage and the role of safeguarding organisations
• Annulment of marriage

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer

5.00 pm CLOSE OF PROCEEDINGS