Enduring powers of attorney

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Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
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
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
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 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 Enduring powers of attorney content

Practice notes
Digital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that...
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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 9th Apr
Practice notes
Enduring powers of attorney (EPAs) and lasting powers of attorney (LPAs) enable a person's affairs to be managed in the event that they lack capacity...
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Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell 9th Apr
Practice notes
There are only three ways to revoke an enduring power of attorney (EPA). These are:•automatic revocation•revocation by the donor•revocation by the...
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9th Apr
Practice notes
The whole premise of an enduring power of attorney (EPA) is that, unlike an ordinary power, it can be used after the donor has ceased to have mental...
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9th Apr
Practice notes
Enduring powers of attorneyAlthough it has not been possible to create an enduring power of attorney (EPA) since 1 October 2007 when the Enduring...
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9th Apr
Practice notes
Although it is no longer possible (since 1 October 2007) to create an enduring power of attorney (EPA), those completed before that date remain...
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9th Apr
Practice notes
Even though enduring powers of attorney (EPA) can no longer be created, they will be available for use and be subject to the law for some time yet....
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9th Apr
Precedents
[To my Attorney(s) named in my EPA/LPA dated ……..AND/ORTo the (Digital) Executor(s) of my Will dated ………]ItemAccess information—eg email address,...
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Produced in partnership with Kerry Bornman of 3 Stone Buildings 6th Apr
Practice notes
Cross-border issues arise whenever someone holds assets in more than one jurisdiction or encounters capacity issues while living or present in another...
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15th Mar
Practice notes
The creation of an enduring power of attorney (EPA) has not been possible since 1 October 2007 but there are many still in existence, either being...
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24th Feb
Q&As
Acting as executorIf a person is appointed as executor of an estate and has lost capacity, they cannot apply for the grant of probate.In those...
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Produced in partnership with Adam Draper of Shoosmiths 15th Feb
Precedents
The Office of the Public GuardianDX 744240 Birmingham 79[Office of the Public Guardian][PO Box 16185][Birmingham][B2 2WH]Dear [insert organisat...
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14th Feb
Q&As
A statutory declaration allows an individual to make a legal declaration confirming that something is true for the purposes of satisfying some legal...
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11th Feb
Q&As
The judgment of the Court of Protection in Re Buckley: The Public Guardian v C at [41] clarified that the fiduciary duties owed to a donor by their...
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22nd Jan
Q&As
Our Practice Note: Trustees—appointment of trustees contains useful background information.Usually the power to appoint new trustees will be contained...
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22nd Jan

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