Q&As

Does section 1(1) of the Trustee Delegation Act 1999 apply to property and financial affairs lasting powers of attorney or only enduring powers of attorney?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 17/05/2021

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Does section 1(1) of the Trustee Delegation Act 1999 apply to property and financial affairs lasting powers of attorney or only enduring powers of attorney?

Does section 1(1) of the Trustee Delegation Act 1999 apply to property and financial affairs lasting powers of attorney or only enduring powers of attorney?

Section 1(1) of the Trustee Delegation Act 1999 (TDA 1999) provides that the donee of a power of attorney is not prevented from doing an act in relation to land, capital proceeds of a conveyance of land or income from land, by reason only that the act involves the exercise of a trustee function of the donor if, at the time when the act is done, the donor has a beneficial interest in the land, proceeds or income. This is subject to TDA 1999, s 1(3), which provides that TDA 1999, s 1(1) applies only if and so far as a contrary intention is not expressed in the instrument creating the power of attorney.

When originally enacted, TDA 1999, s 4 made specific reference to enduring powers of attorney (EPAs), and disapplied section 3(3) of

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