Q&As

A partner of a law firm is appointed by order of the court as deputy for an individual who lacks capacity (P). As part of managing P’s affairs, the partner and another solicitor of the same firm are appointed by order of the court to act as trustees in the sale of P’s property (the trustee order). An offer is received on the sale of P’s property but P subsequently dies prior to exchange. P owned the property as tenants in common with his wife. P’s wife predeceased him and her share of the property passed in accordance with the terms of her Will. Did the trustee order terminate automatically upon P’s death, or does it remain effectual so as to enable to trustees to proceed with the sale of the property?

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Produced in partnership with Lynne Counsell of Addington Chambers
Published on: 06 January 2022
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The trustee order

The partner appointed as deputy (under the provisions of sections 16 and 19 of the Mental Capacity Act 2005 (MCA 2005)) would usually have general authority under the deputyship order to buy and sell property. However, a deputy may not be appointed to exercise

Lynne Counsell
Lynne Counsell

Barrister, Addington Chambers

Lynne has been in traditional Chancery practice for some thirty years, specialising in probate matters, construction of wills and trusts and also financial services and drafting.

Lynne was for some years counsel for Tower Hamlets, representing them on landlord and tenant cases and counsel for Bedford Building Society representing it on mortgage cases.

Lynne has written or updated over fifty books, including writing the initial volume of Atkin’s Court Forms “Financial Services” and updating Halsbury’s Laws on Injunctions. Lynne was also co-author of two editions of “Insider Trading” and co-editor and one of the writers of “Chancery Practice and Procedure.”

Articles include “Marketing of Investments” for the Law Society Gazette and “The Doctrine of Mutual Wills” for the Trust Quarterly Review. Lynne won one of the few cases on mutual wills in the last fifty years – Charles v Fraser (2010).

Lynne has drafted the standard unit trust for the government of Nigeria, the rules and related documentation for various building societies and clubs, shareholder agreements, company takeovers compliance documentation for certain banks as well as wills and trusts.

Lynne was awarded the 2017 Corporate international Magazine Global Award – “Investment Contracts Barrister of the Year in England”.

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United Kingdom
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