Court of Protection

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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

Q&As
Can a claimant who lacks capacity have the damages paid into a Personal Injury trust rather than a deputyship?Where an individual is in receipt of...
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15th Aug
Q&As
Does a personal injury bare trust preserve a person's entitlement to benefits or protect the lump sum award being taken into account for means-tested...
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Produced in partnership with Rosalind Hamlyn of Thomson Snell and Passmore LLP 15th Aug
Q&As
What is the procedure where a person who lacks capacity wishes to sell property that they co-own with another person?We assume that the co-owner also...
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15th Aug
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...
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15th Aug
Q&As
Can a financial affairs deputy act as a Rule 3A representative in a deprivation of liberty application in the Court of Protection?Deprivation of...
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15th Aug
Q&As
I have a hearing coming up in the Court of Protection. Is it possible for this hearing to proceed as a telephone hearing?The Vice-President of the...
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15th Aug
Q&As
Does the restriction in section 36(9) of the Trustee Act 1925 (TA 1925) (requiring the Court of Protection’s approval before an incapacitated trustee...
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Produced in partnership with Graham Stott of 3 Paper Buildings 15th Aug
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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15th Aug
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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15th Aug
Q&As
If a residential tenant lacks mental capacity, how should a landlord serve a valid notice to quit or notice seeking possession on that tenant?Under...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug
Q&As
Would an applicant who is a debtor under an IVA be prevented from being appointed as a deputy for property and financial affairs?Assessing the...
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15th Aug

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