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Practice notes
Trustees—dutiesNature of dutiesThe difference between a duty and a power is:•the performance of a duty is obligatory•powers are to a greater or lesser...
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19th May
Practice notes
Creation of trusts—express trustsConstituents of a trustWhen drafting, keep in mind that the essentials of creating a validly constituted trust...
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19th May
Practice notes
CGT—giftsA gift of an asset is a disposal for capital gains tax (CGT) purposes. It can, therefore, trigger a CGT charge on the gain deemed to have...
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Produced in partnership with Laura Poots (Barrister) of Pump Court Tax Chambers 19th May
Practice notes
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
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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19th May
Practice notes
Trustees—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...
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19th May
Practice notes
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
Practice notes
Creation of trusts—blind trustsWhat is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May
Practice notes
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
Q&As
Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?Life tenantsA life...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes
Assessment for residential accommodationCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus...
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19th May
Practice notes
Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
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19th May
Practice notes
Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...
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19th May
Practice notes
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
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
Practice notes
Beneficial ownership registers—private clients and trustsCORONAVIRUS (COVID-19): Certain aspects of the PSC regime are affected by temporary measures...
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19th May

Most recent The Court of Protection and supporting services content

Practice notes
Court of Protection case tracker—2021KM, Re [2021] EWCOP 42Court of Protection held that withdrawal of life-sustaining treatment was in patient’s best...
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9th Jul
Practice notes
Court of Protection VisitorsThe role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental...
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2nd Jul
Practice notes
The Public GuardianThe Public Guardian is a statutory office-holder and an appointee of the Lord Chancellor. The holder of the role of Public Guardian...
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1st Jul
Q&As
How does the Court of Protection fix costs for applications for the appointment of a deputy for health and welfare?The rules governing costs in the...
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6th Jun
Q&As
What is the procedure to approve an Israeli order for guardianship in the UK? The protected person lives in Israel but the assets are situated in the...
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5th Jun
Q&As
If a person who lacks capacity resides in India, would the Court of Protection have any jurisdiction to appoint a deputy, if there is potential for...
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5th Jun
Q&As
What is the process for paying a sum due to a residuary beneficiary into the Court Funds Office?Payments to the Court Funds Office should be made in...
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5th Jun
Q&As
Can I submit an application for a statutory will to the Court of Protection, where P is not domiciled in the UK?The international jurisdiction of the...
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5th Jun
Q&As
Is it possible to apply to the Court of Protection to have an Indian deputyship/guardianship order recognised in the UK?An application in accordance...
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Produced in partnership with Graham Stott of gunnercooke LLP 5th Jun
Q&As
How does the coronavirus (COVID-19) outbreak impact on transparency orders in the Court of Protection?How does the coronavirus (COVID-19) outbreak...
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5th Jun
Q&As
Can a Scottish Guardianship Order be used in relation to the sale of a property situated in England?The international jurisdiction of the Court of...
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5th Jun
Practice notes
Powers of the Court of ProtectionIntroductionThe powers of the Court of Protection (the court) are set out in the Mental Capacity Act 2005 (MCA 2005)...
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5th Jun
Practice notes
International issues relating to the protection of vulnerable adultsCross-border issues arise whenever someone holds assets in more than one...
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5th Jun
Practice notes
Privacy, confidentiality and transparency in the Court of ProtectionCoronavirus (COVID-19): The content of this subtopic is temporarily affected by...
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Produced in partnership with Katherine McQuail of Radcliffe Chambers 5th Jun
Practice notes
The Official SolicitorThe Official Solicitor (OS) is an officer of the Supreme Court appointed by the Lord Chancellor. The Official Solicitor's staff...
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Produced in partnership with Thomson Snell & Passmore 5th Jun
Practice notes
Public Guardian and Court of Protection fees and fixed costsFees for applications to the Office of the Public GuardianThe fees to be paid in respect...
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5th Jun

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