The Court of Protection and supporting services

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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 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
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 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 The Court of Protection and supporting services content

Practice notes
The Official Solicitor (OS) is an officer of the Supreme Court appointed by the Lord Chancellor. The Official Solicitor's staff includes a number of...
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Produced in partnership with Thomson Snell & Passmore 29th Nov
Practice notes
Hague Convention XXXV on the International Protection of Vulnerable AdultsThe Hague Convention XXXV on the International Protection of Vulnerable...
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29th Nov
Practice notes
Fees for applications to the Office of the Public GuardianThe fees to be paid in respect of applications, etc to the Office of the Public Guardian...
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29th Nov
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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29th Nov
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 Katherine McQuail of Radcliffe Chambers 29th Nov
Practice notes
The Public Guardian is a statutory office-holder and an appointee of the Lord Chancellor. The holder of the role of Public Guardian is also chief...
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29th Nov
Practice notes
The role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental Health Act 1983 in the form of...
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29th Nov
Q&As
We refer you to Practice Note: International issues relating to the protection of vulnerable adults, which explains that the international...
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29th Nov
Q&As
An application in accordance with the Court of Protection Rules 2017 (COPR 2017), SI 2017/1035, 23.4, which provides that the application is to be...
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Produced in partnership with Graham Stott of gunnercooke LLP 29th Nov
Q&As
Payments to the Court Funds Office should be made in accordance with the Court Funds Rules 2011, SI 2011/1734, Pt 2—Deposit of Funds in Court....
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29th Nov
Q&As
How does the coronavirus (COVID-19) outbreak impact on transparency orders in the Court of Protection?Mr Justice Hayden issued guidance on remote...
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29th Nov
Q&As
The international jurisdiction of the Court of Protection is governed by section 63 of the Mental Capacity Act 2005 (MCA 2005) and MCA 2005, Sch 3....
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29th Nov
Q&As
In answering this Q&A, we refer you to Practice Note: International issues relating to the protection of vulnerable adults, which sets out in detail...
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29th Nov
Q&As
The international jurisdiction of the Court of Protection is governed by Schedule 3, Part 2 of the Mental Capacity Act 2005 (MCA 2005). The UK is a...
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29th Nov
Q&As
The rules governing costs in the Court of Protection differ for property and affairs, and health and welfare applications.The general rule applying to...
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29th Nov

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