Q&As

Is a deputy required to apply to the Court of Protection for specific authority to enter into negotiations and settle a claim without the need to issue proceedings, under the Inheritance (Provision for Family and Dependants) Act 1975?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on LexisPSL on 09/08/2019

The following Private Client Q&A Produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:

  • Is a deputy required to apply to the Court of Protection for specific authority to enter into negotiations and settle a claim without the need to issue proceedings, under the Inheritance (Provision for Family and Dependants) Act 1975?

A deputy’s general authority in respect of P’s property and affairs should extend to investigating any claim and entering negotiations as the Court of Protection’s powers over P’s property and affairs include the control and management of P’s property under section 18(1)(a) of the Mental Capacity Act 2005 (MCA 2005) as well as the conduct of legal proceedings under MCA 2005, s 18(1)(k).

If P lacks the n

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