Q&As

Can I submit an application for a statutory will to the Court of Protection, where P is not domiciled in the UK?

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Published on LexisPSL on 15/12/2016

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

  • Can I submit an application for a statutory will to the Court of Protection, where P is not domiciled in the UK?

The international jurisdiction of the Court of Protection is governed by Schedule 3, Part 2 of the Mental Capacity Act 2005 (MCA 2005). The UK is a signatory to the Convention on the International Protection of Adults (Convention) signed at the Hague on 13th January 2000, however it has only ratified the Convention in relation to Scotland (and not England and Wales). Note however, that Article 4(d) of the Convention provides that the Convention will not apply to ‘trusts or succession’.

Cross-border issues of trusts and succession of a person lacking capacity need to be considered by reference to the unilateral set of rules (which broadly mirror Convention obligations) contained in MCA 2005, Sch 3, Pt 2.

We refer you to Practice Note: International issues relat

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