Lasting 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
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 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
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
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Produced in partnership with Mourant Ozannes and Carey Olsen 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
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
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 Lasting powers of attorney content

Q&As
You have asked: Can an attorney under a registered lasting powers of attorney for property and financial affairs ask trustees of the donor's...
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14th Apr
Practice notes
The precedents in this document are based on those found in Part I, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney.This...
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9th Apr
Practice notes
This Practice Note explains the role of certificate providers and people to notify in the making and registration of lasting powers of attorney...
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9th Apr
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
DutiesThe duties of an attorney under a Lasting Power of Attorney (LPA) are set out in the Mental Capacity Act 2005 (MCA 2005) and under the general...
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Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell 9th Apr
Practice notes
A lasting power of attorney (LPA) is a legal document that enables an individual (the ‘donor’) to appoint one or more people (known as ‘attorneys’ or...
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9th Apr
Practice notes
A Lasting Power of Attorney (LPA) is not effective until it has been registered with the Office of the Public Guardian (OPG). Upon receipt of an...
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Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell 9th Apr
Practice notes
A Lasting Power of Attorney (LPA) can be brought to an end in one of the following ways:•revocation by the donor•disclaimer by the attorney•revocation...
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Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell 9th Apr
Practice notes
The precedents in this document are based on those found in Part I, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney.This...
Read More >
9th Apr
Practice notes
Lasting powers of attorneyLasting powers of attorney (LPAs) were created by the Mental Capacity Act 2005 (MCA 2005) and, apart from the fact that the...
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9th Apr
Practice notes
The UK’s data protection provisions as from 31 December 2020In the UK from 11pm on 31 December 2020, revised data protection provisions came into...
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Produced in partnership with Craig Ward, of Lundie, of Craybeck Law 9th Apr
Practice notes
Unlike the old enduring powers of attorney (EPAs), a lasting power of attorney (LPA) cannot be effective until it has been registered with the Office...
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9th Apr
Practice notes
The precedents in this document are based on those found in Part I, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney.This...
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9th Apr
Practice notes
A business lasting power of attorney (BLPA) allows the donor to appoint an attorney to make decisions concerning their business interests either when...
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Produced in partnership with Craig Ward, MSc BA(Hons) TEP MBPsS CertCouns of Craybeck Law 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
Q&As
We have assumed that•the attorney in question has been appointed under a lasting power of attorney•the attorney is the sole executor of the...
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6th Apr
Q&As
Under section 10(1)(b) of the Mental Capacity Act 2005 (MCA 2005), a trust corporation can be a donee of a lasting power of attorney (LPA) for...
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23rd Mar
Practice notes
A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection...
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15th Mar
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

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