Deputies—appointment, duties and powers

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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 12th Jan
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 12th Jan
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 12th Jan
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 12th Jan
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
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 12th Jan
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 12th Jan

Most recent Deputies—appointment, duties and powers content

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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9th Apr
Practice notes
For all those appointed by the Court of Protection to act as a deputy for property and financial affairs or health and welfare, either as a lay deputy...
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Produced in partnership with Patricia Wass, Holly Miéville-Hawkins and Nikki Bedford of Enable Law, part of the Foot Anstey LLP group 9th Apr
Practice notes
The UK’s data protection provisions as from 31 December 2020In the UK from 11pm on 31 December 2020, revised data protection provisions came into...
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Produced in partnership with Craig Ward, of Lundie, of Craybeck Law 9th Apr
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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9th Apr
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 gunnercooke LLP 15th Mar
Practice notes
A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection...
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15th Mar
Practice notes
DutiesThe duties of court-appointed deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and the Mental Capacity Act 2005 Code of Practice...
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15th Mar
Practice notes
A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection...
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15th Mar
Practice notes
This Practice Note provides a practical guide to the initial steps that a property and affairs deputy should take after being appointed.Checking and...
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10th Mar
Practice notes
This Practice Note provides a practical guide to the initial steps that a deputy should take after being appointed.Checking and understanding the...
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10th Mar
Practice notes
A protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is medical evidence of incapacity. The...
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Produced in partnership with Thomson Snell & Passmore 5th Mar
Practice notes
Order appointing the deputyUnless the application and notification procedure give rise to any queries or objections, and provided at least 14 days...
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3rd Mar
Q&As
Duties of court-appointed deputiesThe duties of a court-appointed deputy are set out in:•the Mental Capacity Act 2005 (MCA 2005)•the Mental Capacity...
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24th Feb
Q&As
A solicitor has a common law duty to keep his or her client’s affairs confidential. This extends to the contents of the Will and the instructions...
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Produced in partnership with Adam Draper of Shoosmiths 15th Feb
Q&As
A deputy holds power on behalf of a protected person (someone who is not capable of managing their own affairs) pursuant to an order of the Court of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Feb
Precedents
Dear Dr [insert name of GP]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above...
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14th Feb
Q&As
The scope of a deputy's powers will depend on the terms of the Order by which the deputy is appointed. The deputy is typically given general authority...
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10th Feb

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