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Deputies—appointment, duties and powers

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SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

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The following Private Client news provides comprehensive and up to date legal information on SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

Private Client weekly highlights—22 July 2021

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Taxpayers had no right to attend third party information notice application hearing (Kandore v HMRC)

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Legislation Day: Draft clauses for Finance Bill 2022—Private Client analysis

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Notaries and notarisation—notarisation

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)

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

UK tax liability

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UK tax liabilityThis Practice Note briefly summarises the main UK taxes which may apply to UK resident individuals, including income tax, capital...

Trust disputes—action for breach of trust

Trust disputes—action for breach of trust

Trust disputes—action for breach of trustBreach of trustBeneficiaries may consider proceedings either to restore a trust fund or obtain compensation...

Precedents

Deed of appointment terminating discretionary trust

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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19th May
Practice notes

IHT—quick succession relief

IHT—quick succession reliefQuick succession relief (QSR), which is not to be confused with taper relief, applies to a transfer of value which attracts...
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Produced in partnership with Katya Vagner of PwC 19th May
Practice notes

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,...
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Produced in partnership with Peter Murrin of Turcan Connell 19th May
tag iconScottish Law
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...
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19th May
tag iconIn-house
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...
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Produced in partnership with Paul Davies of Clarke Willmott 19th May
Practice notes

Beddoe applications

Beddoe applicationsWhen trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 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...
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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...
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19th May
Practice notes

Trustees—removal of trustees

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?

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

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...
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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...
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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...
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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...
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19th May
Precedents

Deed of retirement and appointment of new trustees (no separate appointor) (no continuing trustee)

This Deed is made on [date]Parties1[insert name] of [insert address] and [insert name] of [insert address] (the Retiring Trustees) and2[insert name]...
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19th May
Practice notes

Discretionary trusts—Scotland

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
tag iconScottish Law

Most recent Deputies—appointment, duties and powers content

Q&As

Where the Court of Protection has made an order appointing a deputy under section 16(2)(b) of the Mental Capacity Act 2005 (MCA 2005), but P has, in the opinion of their solicitors and medical advisers, testamentary capacity, can P make a valid Will without first seeking a declaration of testamentary capacity under MCA 2005, s 15(1)(a)?

Where the Court of Protection has made an order appointing a deputy under section 16(2)(b) of the Mental Capacity Act 2005 (MCA 2005), but P has, in...
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20th Jul
Q&As

If a Property and Affairs Order, granted in 2008, confers upon a Deputy general authority to take possession or control of the property and affairs and exercise the same powers of management and investment as the beneficial owner, does this authorise the Deputy to sell the protected person's home?

If a Property and Affairs Order, granted in 2008, confers upon a Deputy general authority to take possession or control of the property and affairs...
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20th Jul
Q&As

A member in a pension scheme has dementia. The member’s children are attorneys under a registered lasting power of attorney (LPA). The member’s wife has asked that the member’s pension now be paid into a joint account. The attorneys have been blocking this, but the member’s solicitors say the member has validly revoked the LPA and to support this they have produced a deed of revocation. If the LPA has been revoked, is there any way that the trustees of the pension scheme can take instructions from the children? Is it possible the revocation could be invalid?

A member in a pension scheme has dementia. The member’s children are attorneys under a registered lasting power of attorney (LPA). The member’s wife...
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15th Jul
Q&As

Where there is an English deputyship order in place in relation to P's property and financial affairs and P owns two properties in the USA, does the deputy need to apply to the Court of Protection here for consent before instructing US lawyers to register the deputyship order in the USA?

Where there is an English deputyship order in place in relation to P's property and financial affairs and P owns two properties in the USA, does the...
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Produced in partnership with Holly Mieville-Hawkins of Enable Law 6th Jun
Q&As

Should Court of Protection deputies still be visiting their protected persons during the coronavirus (COVID-19) pandemic?

Should Court of Protection deputies still be visiting their protected persons during the coronavirus (COVID-19) pandemic?The Vice-President of the...
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6th Jun
tag iconCOVID-19
Q&As

Does a deputy have the authority to enter into pre-action correspondence on behalf of a patient without being appointed a litigation friend?

Does a deputy have the authority to enter into pre-action correspondence on behalf of a patient without being appointed a litigation friend?This Q&A...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As

What happens where an individual lacking capacity is not happy with the professional deputy proposed by their family?

What happens where an individual lacking capacity is not happy with the professional deputy proposed by their family?See Practice Note: Choosing the...
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6th Jun
Q&As

Having already applied to the Court of Protection to appoint a deputy, is there a further application that needs to be made to allow for the sale of the property of the person to whom the application relates?

Having already applied to the Court of Protection to appoint a deputy, is there a further application that needs to be made to allow for the sale of...
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6th Jun
Q&As

Do you have a Precedent clause for inclusion in a TR1 (transfer of registered land) where one of the sellers is a court deputy acting pursuant to a court order under section 36 of Trustee Act 1925 for the co-owner who lacks capacity?

Do you have a Precedent clause for inclusion in a TR1 (transfer of registered land) where one of the sellers is a court deputy acting pursuant to a...
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6th Jun
Q&As

Can a court appointed deputy have parental responsibility? Can a court appointed deputy open a JISA?

Can a court appointed deputy have parental responsibility? Can a court appointed deputy open a JISA?Parental responsibilityFor background, see the...
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6th Jun
Q&As

In a situation involving joint tenants of the legal estate: husband and wife, and one of the parties loses mental capacity, so that an application to the Court of Protection is required, is there any issue appointing the other spouse as deputy? Alternatively by analogy with the problems of joint owners and powers of attorney is there an issue?

In a situation involving joint tenants of the legal estate: husband and wife, and one of the parties loses mental capacity, so that an application to...
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Produced in partnership with Helen Galley of XXIV Old Buildings 6th Jun
Q&As

How is an application for deputyship made when spouses own their property as tenants in common? On making such an application will there ultimately be sufficient individuals for a sale to take place when one spouse dies, without having to make a further application to the Court of Protection? For example, can the executors of the husband sell his share and the deputies of the wife sell her share?

How is an application for deputyship made when spouses own their property as tenants in common? On making such an application will there ultimately be...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As

H and W own the legal title to their house and hold it for themselves as beneficial joint tenants. They both lack capacity and are in care. H made a property and financial affairs Lasting Power of Attorney appointing A and B as their attorneys. A and B are also now appointed as W’s deputies. How should A and B obtain permission to sell the house?

H and W own the legal title to their house and hold it for themselves as beneficial joint tenants. They both lack capacity and are in care. H made a...
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Produced in partnership with Graham Stott of gunnercooke LLP 5th Jun
Q&As

How can we appeal to appeal a decision of a local authority to move a client under the court of protection, who has fallen below the funding threshold, to another home where funding levels are cheaper?

How can we appeal to appeal a decision of a local authority to move a client under the court of protection, who has fallen below the funding...
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5th 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 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...
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5th Jun
Q&As

Is there a checklist for deputies other than the professional deputy standards checklist?

Is there a checklist for deputies other than the professional deputy standards checklist?We are not aware of any other checklists provided for...
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5th Jun
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...
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5th Jun
Q&As

A, B and C (A’s spouse) are joint registered owners of a property. A intends to apply to the CoP to be appointed as B’s deputy. Can A and C together validly execute any documents relating to the sale of the property, or is it necessary to appoint a third party in order to protect B’s interests?

A, B and C (A’s spouse) are joint registered owners of a property. A intends to apply to the CoP to be appointed as B’s deputy. Can A and C together...
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5th Jun
Q&As

Is there a different application process when applying for a deputyship order as a solicitor on the Court of Protection's ‘approved professional list’ rather than if making the application on behalf of a family member/friend?

Is there a different application process when applying for a deputyship order as a solicitor on the Court of Protection's ‘approved professional list’...
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5th Jun
Q&As

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required in order for the property to be sold? If the second co-owner has appointed a third party as their attorney and the second co-owner loses capacity, will this affect the ability to sell of the property? Would a deputyship order be appropriate in these circumstances?

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required...
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5th Jun

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