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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
Precedents
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—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...
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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?We assume you refer to the situation when...
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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
The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response  to the Law Commission’s report of 14 September 2017,...
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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
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
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
Capacity to litigateOn the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without...
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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
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
Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...
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19th May
Practice notes
Offshore trusts—offshore income gains (OIGs)Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are...
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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

Most recent Court of Protection content

Practice notes
Digital assets on incapacity and deathDigital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should...
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Produced in partnership with Kerry Bornman of 3 Stone Buildings, Erin Hitchens of XXIV Old Buildings and Robert Avis of Charles Russell Speechlys 16th Aug
Practice notes
Jointly owned property and loss of capacity Q&AsThis Practice Note aims to guide practitioners to Q&As covering the rules and procedure that apply in...
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16th Aug
Practice notes
Data protection obligations for attorneys and deputiesThe UK’s data protection provisions as from 31 December 2020In the UK from 11pm on 31 December...
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Produced in partnership with Craig Ward MSc BA(Hons) MBPsS CertCouns of Craybeck Law 16th Aug
Practice notes
Health and welfare LPAs and deputyships—comparison of attorney and deputy powersFORTHCOMING CHANGE: The Ministry of Justice and the Office of the...
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16th Aug
Practice notes
Funds in court and investments on behalf of a protected personOn the settlement of P's personal injury or clinical negligence case, the deputy must...
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Produced in partnership with Thomson Snell & Passmore 16th Aug
Practice notes
Practical first steps on deputyship appointment—health and welfare deputyThis Practice Note provides a practical guide to the initial steps that a...
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16th Aug
Practice notes
Serious medical treatment cases in the Court of ProtectionMedical treatment of those without capacity to consentGenerally, it is the patient's (P’s)...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 16th Aug
Practice notes
Deputyship—the deputy’s duties and powersDutiesThe duties of court-appointed deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and the...
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16th Aug
Practice notes
The Court of Protection versus personal injury trustsIntroductionIt is a sad fact that in many personal injury cases, particularly those involving the...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Aug
Practice notes
Summary of changes in Court of Protection Practice Directions, Rules and Forms from 1 July 2015 [Archived]New Practice Directions and, in some cases,...
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16th Aug
Practice notes
Safeguarding and the Court of ProtectionSafeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection and this...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 16th Aug
Practice notes
Tax and the personal injury trustInheritance tax and personal injury trustsIt is a common misconception among practitioners that using one type of...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Aug
Practice notes
Claiming social security benefits on behalf of a protected personPart of the deputy’s responsibility is making sure that P is receiving all state...
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Produced in partnership with Thomson Snell & Passmore 16th Aug
Practice notes
The deprivation of liberty safeguardsNote that this Practice Note does not address specific practice alterations caused by the coronavirus (COVID-19)...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 16th Aug
Practice notes
Personal injury trustsTypes of personal injury trustHow to choose between the different types of trustPersonal injury trusts are often considered in...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Aug
Practice notes
Establishing and managing a care regime for a protected personDeputies appointed in respect of a protected party’s (P’s) property and affairs are...
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Produced in partnership with Thomson Snell & Passmore 15th Aug
Practice notes
Comparison of Court of Protection Rules 2017 and Court of Protection Rules 2007The Court of Protection Rules 2017 (COPR 2017), SI 2017/1035 were laid...
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15th Aug
Practice notes
Independent mental capacity advocatesNote that this Practice Note addresses only English law. Following devolution there are now differences between...
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15th Aug
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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15th Aug
Practice notes
Practical first steps on deputyship appointment—property and affairs deputyThis Practice Note provides a practical guide to the initial steps that a...
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15th Aug

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