Court of Protection

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Practice notes
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them...
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9th Nov
Practice notes
Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are either:•non-distributor offshore funds, or...
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9th Nov
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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9th Nov
Practice notes
A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or persons (the trustees) to hold...
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Produced in partnership with Mourant Ozannes and Carey Olsen 9th Nov
Practice notes
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Jovana Nedeljkov of Bankside Chambers 9th Nov
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
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Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 9th Nov
Practice notes
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
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Produced in partnership with Mourant Ozannes and Carey Olsen 9th Nov
Practice notes
Trust litigation has been classified as being of three types:•a dispute as to the trusts on which trustees hold the subject matter of the settlement•a...
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9th Nov
Practice notes
Where a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married under that date but is required...
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9th Nov
Practice notes
Duration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the...
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9th Nov
Practice notes
Duty to distribute to the correct beneficiariesOn the termination of the trust, the trustees are under a duty to distribute the trust assets to the...
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9th Nov
Precedents
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
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9th Nov
Precedents
This partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
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9th Nov
Practice notes
Liferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both, in the trust property...
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Produced in partnership with Peter Murrin of Turcan Connell 9th Nov
Practice notes
An offshore trust is any non-UK resident trust. The liability of trustees of an offshore trust to UK inheritance tax (IHT) is not dependent on the...
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Produced in partnership with Jenny Wilson-Smith and Emma Haley of Boodle Hatfield 9th Nov
Practice notes
Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 9th Nov

Most recent Court of Protection content

Q&As
Under section 1 of the Mental Capacity Act 2005 (MCA 2005) there is a presumption that a person has capacity unless proved otherwise. The test as set...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 17th Nov
Practice notes
IntroductionIt is a sad fact that in many personal injury cases, particularly those involving the most catastrophic injuries, the injured person will...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Nov
Practice notes
Types of personal injury trustHow to choose between the different types of trustPersonal injury trusts are often considered in the context of the...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Nov
Practice notes
Inheritance tax and personal injury trustsIt is a common misconception among practitioners that using one type of personal injury trust or another...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Nov
Practice notes
This Practice Note covers two forms of court procedure that arise in deprivation of liberty cases:•applications that arise where the lawfulness of the...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 16th Nov
Precedents
Case No. [insert][IN THE COURT OF PROTECTION][IN THE MATTER OF THE MENTAL CAPACITY ACT 2005][IN THE MATTER OF [Insert name of P]]BETWEEN:[Insert name...
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12th Nov
Practice notes
Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection and this Practice Note addresses how such issues...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 10th Nov
Practice notes
Note that this Practice Note does not address specific practice alterations caused by the coronavirus (COVID-19) pandemic. These are addressed in...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 10th Nov
Practice notes
IntroductionThis Practice Note sets out when decisions made by the Court of Protection can be reconsidered; how they can be appealed, and the basis...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 10th Nov
Practice notes
BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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9th Nov
Practice notes
BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 9th Nov
Practice notes
BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 9th Nov
Practice notes
Note that this Practice Note does not address specific practice alterations caused by the COVID-19 pandemic. These are addressed in Practice Note:...
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Produced in partnership with Alex Ruck Keene of 39 Essex Street Chambers 9th Nov
Practice notes
SettlementsUnder section 18(1)(h) of the Mental Capacity Act 2005 (MCA 2005), the court has jurisdiction to approve ‘settlement of any of P’s...
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Produced in partnership with Thomson Snell & Passmore 4th Nov
Practice notes
Brexit impact: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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Produced in partnership with Craig Ward MSc BA(Hons) MBPsS CertCouns of Craybeck Law 3rd Nov
Practice notes
Hague Convention XXXV on the International Protection of Vulnerable AdultsThe Hague Convention XXXV on the International Protection of Vulnerable...
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2nd Nov
Practice notes
On the settlement of P's personal injury or clinical negligence case, the deputy must consider how best to invest the damages award.Short term...
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Produced in partnership with Thomson Snell & Passmore 2nd Nov
Practice notes
Note that this Practice Note does not address specific practice alterations caused by the COVID-19 pandemic. These are addressed in this Practice...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers. 30th Oct
Practice notes
Although the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always the best solution....
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20th Oct

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