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Latest Private Client News

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

The following Pensions news provides comprehensive and up to date legal information on Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Private Client weekly highlights—29 July 2021

The following Private Client news provides comprehensive and up to date legal information on Private Client weekly highlights—29 July 2021

US-UK tax treaty still recognises residents as Europeans

The following Private Client news provides comprehensive and up to date legal information on US-UK tax treaty still recognises residents as Europeans

Order authorising the sale of a minor’s property (Re Shanavazi)

The following Family news provides comprehensive and up to date legal information on Order authorising the sale of a minor’s property (Re Shanavazi)

Featured Private Client content

Notaries and notarisation—notarisation

Notaries and notarisation—notarisationThe principles of the notarial act are that it is:•an act of the notary and not of the parties named in the...

The Standard Provisions of the Society of Trust and Estate Practitioners (STEP)

The Standard Provisions of the Society of Trust and Estate Practitioners (STEP)FORTHCOMING CHANGE: The Society of Trust and Estate Practitioners...

Types of income for income tax purposes

Types of income for income tax purposesThe main types of income are:•employment income•pension income•social security income•trading income•property...

Liferent trusts—Scotland

Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...

Practice notes

Trustees—appointment of trustees

Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...

19th May

In-house

Practice notes

Capital gains tax issues on death

Capital gains tax issues on deathSTOP PRESS: The Office of Tax Simplification published its first report on the review of capital gains tax (CGT) on...

19th May

Practice notes

Taxation of age 18–25 trusts—IHT

Taxation of age 18–25 trusts—IHTThe special category of age 18–25 trusts was introduced by Finance Act 2006 (FA 2006) to offer some compensation for...

Produced in partnership with Paul Davies of Clarke Willmott 19th May

Practice notes

Creation of trusts—beneficiaries

Creation of trusts—beneficiariesWho may be beneficiariesEvery person who would be capable of owning property if of full age and sound mind may be a...

19th May

Q&As

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?This Q&A explains when it is...

Produced in partnership with Emma Holland of Stewarts Law 19th May

Precedents

Deed of revocation of ordinary power of attorney

This Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor].This Deed provides:1Revocation...

19th May

Q&As

At what stage and to whom can a Deed of Appropriation take place when selling a second property in an estate?

At what stage and to whom can a Deed of Appropriation take place when selling a second property in an estate?We assume you refer to the situation when...

19th May

Practice notes

Creation of trusts—blind trusts

Creation of trusts—blind trustsWhat is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the...

Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May

Practice notes

The Cy-près doctrine

The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response to the Law Commission’s report of 14 September 2017,...

19th May

Practice notes

Relief for income tax losses

Relief for income tax lossesReliefs entitle taxpayers to reduce the amount of income tax payable. When calculating liability to income tax, a taxpayer...

19th May

Q&As

Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?

Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?Life tenantsA life...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May

Practice notes

Costs and expenses in the Court of Protection

Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...

19th May

Practice notes

Trust disputes—court jurisdiction and procedure

Trust disputes—court jurisdiction and procedureTrust litigation has been classified as being of three types:•a dispute as to the trusts on which...

19th May

Practice notes

Trustees—self-dealing, unauthorised profits and conflicts of interest

Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...

19th May

Practice notes

Acceptance in Lieu scheme and other heritage property reliefs

Acceptance in Lieu scheme and other heritage property reliefsSTOP PRESS: HMRC has updated its guidance on calculating the special price in Acceptance...

19th May

Practice notes

Statutory Wills—Court of Protection applications

Statutory Wills—Court of Protection applicationsWhat is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court...

19th May

Most recent Court of Protection content

Q&As

Can I submit an application for a statutory will to the Court of Protection, where P is not domiciled in the UK?

Can I submit an application for a statutory will to the Court of Protection, where P is not domiciled in the UK?The international jurisdiction of the...

1st Aug

Q&As

Will the Court of Protection ordinarily grant authority to sell a jointly held property when appointing a deputy or are there any other requirements that need to be satisfied?

Will the Court of Protection ordinarily grant authority to sell a jointly held property when appointing a deputy or are there any other requirements...

1st Aug

Q&As

We are dealing with an application to the Court of Protection for approval to all past and future care payments and retrospective approval of a gift. We need to serve the application and supporting evidence to all persons named in the application. Which of the application documents need to be sent to the people to be served?

We are dealing with an application to the Court of Protection for approval to all past and future care payments and retrospective approval of a gift....

1st Aug

Q&As

An individual (P), who is a beneficiary of their deceased father's Will, lacks capacity and P's two deputies are also the executors of the estate. A relative of P has requested a copy of the Will and Will file as P's litigation friend (as the executors/deputies are not appropriate to act) but the certificate of suitability provided has not been approved by the court. In a probate action, when does a certificate of suitability provided need to be approved by the court?

An individual (P), who is a beneficiary of their deceased father's Will, lacks capacity and P's two deputies are also the executors of the estate. A...

1st Aug

Q&As

Does the restriction in section 36(9) of the Trustee Act 1925 (TA 1925) (requiring the Court of Protection’s approval before an incapacitated trustee is replaced under TA 1925, s 36(1)) apply to the replacement of a trustee of a discretionary trust who is also a potential beneficiary of the trust?

Does the restriction in section 36(9) of the Trustee Act 1925 (TA 1925) (requiring the Court of Protection’s approval before an incapacitated trustee...

Produced in partnership with Graham Stott of 3 Paper Buildings 1st Aug

Q&As

Does a local authority need to apply to the Court of Protection for a personal welfare order in order to transfer an objecting and incapacitated adult from home to a care home at which a standard authorisation of the deprivation of liberty is to be granted by the Supervisory Body?

Does a local authority need to apply to the Court of Protection for a personal welfare order in order to transfer an objecting and incapacitated adult...

1st Aug

Q&As

Can a joint tenancy be severed if the co-owner has lost capacity?

Can a joint tenancy be severed if the co-owner has lost capacity?This Q&A is relevant to a situation in which the person lacking capacity has an...

1st Aug

Q&As

Does a personal injury bare trust preserve a person's entitlement to benefits or protect the lump sum award being taken into account for means-tested purposes? If so, is there any authority for this?

Does a personal injury bare trust preserve a person's entitlement to benefits or protect the lump sum award being taken into account for means-tested...

Produced in partnership with Rosalind Hamlyn of Thomson Snell and Passmore LLP 1st Aug

Q&As

The deceased created a life interest trust over their share of a property. One of the trustees of the life interest trust is the life tenant, who has now lost capacity but has a Property and Affairs Lasting Power of Attorney. The trust has no express power of appointment or removal of trustees. Can the life tenant's attorneys and the other trustees sell the property or does the life tenant trustee need to be removed first? If they need to be removed, how can this be done?

The deceased created a life interest trust over their share of a property. One of the trustees of the life interest trust is the life tenant, who has...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug

Q&As

Where a contract does not require a recipient of a notice of rescission to sign or otherwise acknowledge the notice, is the notice (served in response to a failure to complete the sale of a property) still valid if it is served on someone who lacks capacity (and where there is no deputy or attorney appointed)?

Where a contract does not require a recipient of a notice of rescission to sign or otherwise acknowledge the notice, is the notice (served in response...

1st Aug

Q&As

Where an individual B has a registered Financial lasting power of attorney (LPA) in favour of their spouse A, with whom they own a house as tenants in common in equal shares, and where A has lost capacity and now lives in a care home, can B (who continues to live in the property alone) sell the house and use the entire proceeds to buy a new property to live in and which will be held on trust for A and B in equal shares? Will the authority of the Court of Protection (COP) be required?

Where an individual B has a registered Financial lasting power of attorney (LPA) in favour of their spouse A, with whom they own a house as tenants in...

1st Aug

Q&As

The power to appoint new trustees is vested in the settlor of a trust but the settlor has lost capacity. Does the Court of Protection have any jurisdiction to take a decision on behalf of the settlor in these circumstances or will the power to appoint automatically fall to the other trustees of the trust?

The power to appoint new trustees is vested in the settlor of a trust but the settlor has lost capacity. Does the Court of Protection have any...

1st Aug

Q&As

Where both co-owners of a property have lost mental capacity, what steps need to be taken in order to sell the property?

Where both co-owners of a property have lost mental capacity, what steps need to be taken in order to sell the property?We refer you to COP GN2...

1st Aug

Q&As

Is it possible to sever a joint tenancy and create a tenancy in common of registered property where the fellow co-owner lacks mental capacity?

Is it possible to sever a joint tenancy and create a tenancy in common of registered property where the fellow co-owner lacks mental capacity?Practice...

1st Aug

Q&As

Does a court-appointed deputy have to be granted an express power to invest the donor’s assets in a discretionary management scheme in order to do so?

Does a court-appointed deputy have to be granted an express power to invest the donor’s assets in a discretionary management scheme in order to do...

1st Aug

Q&As

How does the coronavirus (COVID-19) outbreak impact on transparency orders in the Court of Protection?

How does the coronavirus (COVID-19) outbreak impact on transparency orders in the Court of Protection?How does the coronavirus (COVID-19) outbreak...

1st Aug

COVID-19

Q&As

I have a hearing coming up in the Court of Protection. Is it possible for this hearing to proceed as a telephone hearing?

I have a hearing coming up in the Court of Protection. Is it possible for this hearing to proceed as a telephone hearing?The Vice-President of the...

1st Aug

COVID-19

Q&As

A donor of a lasting power of attorney (LPA) required care to allow them to continue to live in their own home. One of the donor's attorneys lent the donor money to pay for this care. The loan agreement between the donor and the attorney provided that the loan amount would be repaid when the house was sold with 2% compound interest. The donor no longer has capacity and it has been decided that the property should be sold and the donor go into a home. What action can be taken to ensure that the donor is not prejudiced by the terms of the loan?

A donor of a lasting power of attorney (LPA) required care to allow them to continue to live in their own home. One of the donor's attorneys lent the...

Produced in partnership with Emma Holland of Stewarts Law 1st Aug

Q&As

Can someone with a criminal record apply to be a deputy to the Court of Protection?

Can someone with a criminal record apply to be a deputy to the Court of Protection?Practice Note: Choosing the deputy, explains who may make an...

1st Aug

Q&As

Where a deputy is authorised by the Court of Protection (CoP) to litigate in the civil court to recover damages against a third party on behalf of an individual who lacks capacity, are the deputy's costs in the CoP proceedings recoverable from the contractor at the conclusion of the litigation in the civil court?

Where a deputy is authorised by the Court of Protection (CoP) to litigate in the civil court to recover damages against a third party on behalf of an...

Produced in partnership with Graham Stott of gunnercooke LLP 1st Aug

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Court of Protection

View Private Client by content type:

Latest Private Client News

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Private Client weekly highlights—29 July 2021

US-UK tax treaty still recognises residents as Europeans

Order authorising the sale of a minor’s property (Re Shanavazi)

Featured Private Client content

Notaries and notarisation—notarisation

The Standard Provisions of the Society of Trust and Estate Practitioners (STEP)

Types of income for income tax purposes

Liferent trusts—Scotland

Most recent Court of Protection content

Popular documents

What is a third party debt order (TPDO)?

Scotland: the Accountant in Bankruptcy

Issue of redeemable shares

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

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