Q&As

Where a property and affairs court of protection deputyship order has been made which includes a restriction not to sell property without further authority from the court, does a trustee order made under section 54 of the Trustee Act 1925 appointing those deputies as new trustees in place of the property owner who has lost capacity override the restriction on selling in the deputyship order and give the new trustees the authority to sell a property without further authority from the court of protection or is separate authority to sell from the court of protection still required?

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Published on LexisPSL on 27/10/2020

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

  • Where a property and affairs court of protection deputyship order has been made which includes a restriction not to sell property without further authority from the court, does a trustee order made under section 54 of the Trustee Act 1925 appointing those deputies as new trustees in place of the property owner who has lost capacity override the restriction on selling in the deputyship order and give the new trustees the authority to sell a property without further authority from the court of protection or is separate authority to sell from the court of protection still required?

Where a property and affairs court of protection deputyship order has been made which includes a restriction not to sell property without further authority from the court, does a trustee order made under section 54 of the Trustee Act 1925 appointing those deputies as new trustees in place of the property owner who has lost capacity override the restriction on selling in the deputyship order and give the new trustees the authority to sell a property without further authority from the court of protection or is separate authority to sell from the court of protection still required?

Given that an order has been made under section 54 of the Trustee Act 1925

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