Decision making in respect of property and affairs

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Practice notes
Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
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Produced in partnership with Peter Murrin of Turcan Connell 19th May
Practice notes
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...
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19th May
Practice notes
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
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19th May
Practice notes
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...
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19th May
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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19th May
Practice notes
Trustees—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...
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19th May
Practice notes
Trustees—removal of trusteesA trustee may be removed against their will in any of the following ways:•under an express power in the trust...
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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?We assume you refer to the situation when...
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19th May
Practice notes
The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response  to the Law Commission’s report of 14 September 2017,...
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19th May
Practice notes
Assessment for residential accommodationCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus...
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19th May
Practice notes
Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
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19th May
Practice notes
Acceptance in Lieu scheme and other heritage property reliefsSTOP PRESS: HMRC has updated its guidance on calculating the special price in Acceptance...
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19th May
Practice notes
Statutory Wills—Court of Protection applicationsWhat is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court...
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19th May
Practice notes
Trustees—power of advancementWhere a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married...
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19th May
Practice notes
Discretionary trusts—ScotlandWhat is a discretionary trust?A discretionary trust or discretionary settlement is an arrangement created when an...
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Produced in partnership with Peter Murrin of Turcan Connell 19th May
Practice notes
Beneficial ownership registers—private clients and trustsCORONAVIRUS (COVID-19): Certain aspects of the PSC regime are affected by temporary measures...
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19th May

Most recent Decision making in respect of property and affairs content

Practice notes
Jointly owned property and loss of capacity Q&AsThis Practice Note aims to guide practitioners to Q&As covering the rules and procedure that apply in...
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15th Jul
Q&As
Are you able to vary a statutory Will through a deed of variation?We refer you to Practice Note: Statutory Wills—Court of Protection applications,...
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7th Jun
Q&As
Can a deputy make a Will on behalf of P and if not, what is the jurisdiction of the Court of Protection and the relevant procedure for a Statutory...
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6th Jun
Q&As
The donor of a lasting power of attorney (LPA) gifted a bank account to X under their Will. Does the gift adeem if the donor's attorney under a LPA...
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6th Jun
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...
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Produced in partnership with Catherine Fuller of Thomson Snell & Passmore LLP 6th Jun
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...
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5th Jun
Q&As
What is the appropriate protocol where the tenant in question may not have mental capacity to contract or litigate in relation to the termination of...
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5th Jun
Q&As
Can I make a Will for an elderly client in my capacity as his Court of Protection Deputy for property and financial affairs?I have recently been...
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5th Jun
Q&As
Is a deputy required to apply to the Court of Protection for specific authority to enter into negotiations and settle a claim without the need to...
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Produced in partnership with Graham Stott of gunnercooke LLP 5th Jun
Q&As
Where the sister of ‘P’ wishes to apply to the Court of Protection for an order authorising the execution of a statutory Will on behalf of P, does the...
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5th Jun

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