Q&As

Where an investment is held by A and B as beneficial joint tenants and A dies and B loses capacity, who is able to deal with the investment on B’s behalf? There is a deputy appointed to manage B’s property and affairs but not authorised to act as a trustee.

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Produced in partnership with Catherine Fuller of Thomson Snell & Passmore LLP
Published on LexisPSL on 16/05/2019

The following Private Client Q&A Produced in partnership with Catherine Fuller of Thomson Snell & Passmore LLP provides comprehensive and up to date legal information covering:

  • Where an investment is held by A and B as beneficial joint tenants and A dies and B loses capacity, who is able to deal with the investment on B’s behalf? There is a deputy appointed to manage B’s property and affairs but not authorised to act as a trustee.

Where an investment is held by two people as joint tenants, on the death of one of the parties, the investment passes to the survivor absolutely.

If the survivor lacks capacity and a deputy has been appointed by the Court of Protection to manage the survivor’s property and financial affairs, the scope of the deputy’s authority will extend to managing pre-existing investments (ie investments established prior to the deputy’s appoint

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