Q&As

Can a Scottish Guardianship Order be used in relation to the sale of a property situated in England?

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Published on LexisPSL on 22/12/2017

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Can a Scottish Guardianship Order be used in relation to the sale of a property situated in England?

The international jurisdiction of the Court of Protection is governed by section 63 of the Mental Capacity Act 2005 (MCA 2005) and MCA 2005, Sch 3. These provisions broadly mirror the provisions of the Hague Convention XXXV on the International Protection of Vulnerable Adults (the Convention). The UK is a signatory to the Convention although it has only ratified the Convention in relation to Scotland and not in relation to England and Wales. For the purposes of MCA 2005, Scotland is a foreign jurisdiction.

We refer you to the Practice Note: International issues relating to the p

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