Decision making in respect of property and affairs

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Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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Produced in partnership with Paul Davies of Clarke Willmott 9th Nov
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
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
Practice notes
When you advise an individual on cross-border issues or offshore tax planning, it is important to establish the 'situs' (ie location) of the assets...
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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
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 Decision making in respect of property and affairs content

Q&As
Where a party lacks capacity, family proceedings are subject to the provisions of Part 15 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955...
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28th Nov
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
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
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
Q&As
Under section 18(1)(i) of the Mental Capacity Act 2005 (MCA 2005), the Court of Protection may authorise the execution of a Will for P, which, under...
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Produced in partnership with Graham Stott of 3 PB Barristers 29th Sep
Q&As
It is important to consider the rights of the tenant, the common law and statutory assumption of capacity and the formal tests for mental capacity...
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29th Sep
Q&As
This Q&A is relevant to a situation in which the person lacking capacity has an attorney or deputy who is authorised to serve/receive the notice on...
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28th Sep
Q&As
I have recently been appointed as Court of Protection Deputy for property and financial affairs for an elderly client and have discovered that he does...
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28th Sep
Q&As
The Court of Protection may authorise a deputy to purchase a property on behalf of P under section 18(1)(c) of the Mental Capacity Act 2005 if it is...
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Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep
Q&As
We assume that the co-owner also wishes to sell the property.For information on the level of capacity required to sell a property, see Practice Note:...
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28th Sep
Q&As
Powers to appoint new trusteesThere are various statutory provisions applicable to the appointment of new trustees:•section 36(1) of the Trustee Act...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
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...
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Produced in partnership with Catherine Fuller of Thomson Snell & Passmore LLP 28th Sep

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