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 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
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
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
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 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 Deputies—appointment, duties and powers content

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
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
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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19th Oct
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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9th Oct
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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6th 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
Assessing the suitability of a proposed deputyThere is no formal guidance in the Mental Capacity Act 2005 (MCA 2005) as to who should and should not...
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28th Sep
Q&As
Practice Note: Choosing the deputy, explains who may make an application for the appointment of a deputy, who may be appointed and the factors the...
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28th Sep
Q&As
The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance on visits to protected persons by judges and practitioners...
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28th Sep
Q&As
This Q&A relates to the powers accruing to deputies to engage in litigation on behalf of a patient (referred to as 'P' for the remainder of this...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance for judges and practitioners offering practical solutions to...
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28th Sep
Q&As
See Practice Note: Choosing the deputy, which explains who may apply to be appointed as deputy and the factors the court will consider when making a...
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28th Sep
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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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
In answering this Q&A, we have assumed that by the Court of Protection’s ‘approved professional list’ the Q&A is referring to the Court of...
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28th Sep

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