Trustees

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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 Trustees content

Q&As
How can a trustee who no longer has mental capacity be removed from his position?Section 36 of the Trustee Act 1925 (TA 1925) states:‘Where a trustee…...
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15th Aug
Q&As
How do you deal with removal of a trustee if the trustee themselves cannot be located?In order to remove a trustee from office, either the trustee...
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15th Aug
Q&As
If a trust’s sole asset is shares in a private company, how can expenses of the trust be paid without the trustees receiving a dividend, or borrowing...
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15th Aug
Q&As
Can an executor of an estate appoint someone (say a solicitor) under a general power of attorney to sign the TR1 to complete the sale of the...
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Produced in partnership with Helen Galley of XXIV Old Buildings 15th Aug
Q&As
A trust deed reserves power to the settlor to appoint and remove trustees. The settlor is not a trustee of the trust. The settlor has lost capacity...
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Produced in partnership with Naomi O’Higgins of Howard Kennedy 15th Aug
Q&As
A trust deed includes an express power for the settlor to appoint trustees. Does this power enable the settlor to appoint a trustee in their Will that...
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15th Aug
Q&As
In whom does the statutory power of appointment of new trustees vest in the event that all trustees die at the same time? The trust deed is silent on...
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15th Aug
Q&As
Can the trustees of a discretionary Will trust transfer some of the assets out of the trust into a new trust that they have set up for some of the...
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15th Aug
Q&As
Where all trustees have lost capacity, can their LPA attorney(s), in the absence of provisions in the trust instrument, remove and replace them?A...
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15th Aug
Q&As
When serving an option to purchase notice on landlords (who are trustees of a trust of land), two of whom have died, should the notice be served on...
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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 15th Aug
Q&As
What is the procedure to ask the court to appoint a new trustee of land, and a vesting order in the new trustee?For guidance on the appointment of...
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15th Aug
Q&As
Can the trustees of a personal injury trust governed by English law acquire real property in Scotland? Are there any restrictions under Scottish law...
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15th Aug
Q&As
Is a personality clash a legitimate reason to remove a trustee?Powers to remove a trusteePower to remove a trustee may be derived from the...
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15th Aug

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