Deputies—appointment, duties and powers

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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
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 Adele Isaacs of Bankside Chambers 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
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
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 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

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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29th Nov
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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29th Nov
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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29th Nov
Q&As
Parental responsibilityFor background, see the Parental responsibility subtopic in the Family module.The section ‘Acquisition by others’ explains that...
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29th Nov
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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29th Nov
Q&As
See the Law Society Practice Note: Access and disclosure of an incapacitated person’s will, which contains detailed guidance on this Q&A.In...
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29th Nov
Q&As
We are not aware of any other checklists provided for deputies other than the Professional deputy standards checklist referenced in this Q&A.H...
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29th Nov
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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29th Nov
Q&As
This Q&A covers the position where the sale of the property would be non-contentious.When applying for an order from the Court of Protection to...
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29th Nov
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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29th Nov
Q&As
Practice Note: The deputyship order explains that, since the introduction of the Mental Capacity Act 2005 (MCA 2005), deputyship orders are in most...
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29th Nov
Q&As
Deprivation of liberty proceedingsFor information on how to challenge an order restricting someone's freedom or to have the deprivation of P’s liberty...
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29th Nov
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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29th Nov
Q&As
Where the client is under the Court of Protection and the client does not have the requisite capacity to make the application themselves, a decision...
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29th Nov
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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29th Nov
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

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