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Clarification of court’s jurisdiction on applications under VTA 1958 (ET v JP and others)

Clarification of court’s jurisdiction on applications under VTA 1958 (ET v JP and others)
Published on: 11 May 2018
Published by: LexisPSL
  • Clarification of court’s jurisdiction on applications under VTA 1958 (ET v JP and others)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?

Article summary

Private Client analysis: The High Court—and not the Court of Protection (CoP)—has jurisdiction to decide applications under the Variation of Trusts Act 1958 (VTA 1958) where there is a child under 18—whether or not they lack capacity. Georgia Bedworth, of 10 Old Square, comments on a ruling which shows that the CoP is not engaged, not because a child lacks capacity to consent to an arrangement within the meaning of the Mental Capacity Act 2005 (MCA 2005)—but because they are a minor. or take a trial to read the full analysis.

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