The powers of the Court of Protection1 to make decisions and appoint deputies2 as respects the property and affairs of a person ('P') lacking capacity3 extend in particular to:
(1) the control and management of P's property4;
(2) the sale, exchange, charging, gift or other disposition of P's property5;
(3) the acquisition of property in P's name or on P's behalf6;
(4) the carrying on, on P's behalf, of any profession, trade or business7;
(5) the taking of a decision which will have the effect of dissolving a partnership of which P is a member8;
(6) the carrying out
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Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
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