Navigating Trusts in the Court of Protection

Introduction

The intersection between the Court of Protection and trusts is more complex and more frequently misunderstood than many practitioners realise.

This new virtual classroom seminar provides a clear, practical exploration of how trusts can be used to manage funds for minors and individuals lacking capacity. Drawing on relevant case law and real-world experience, the session challenges the common assumption that deputyship is always the most appropriate route.

You will gain insight into how the court approaches these decisions, including the key factors it considers when determining whether a trust should be established instead.

By attending, you will deepen your understanding of the Court of Protection’s jurisdiction in relation to trusts, including the types of trusts most utilised and the circumstances in which they arise.

The session also tackles the often-overlooked issues surrounding incapable trustees and beneficiaries, equipping you with clarity on when court applications are required, which court to apply to and how to navigate the process efficiently. Practical guidance, actionable knowledge and expert tips ensure you can apply this knowledge with confidence in your own practice.

Secure your place on this essential session to strengthen your expertise and make more informed, strategic decisions for your clients.

What You Will Learn

This live and interactive course will cover the following:

• Relationship between s.89 trusts and personal injury trusts
• Court of Protection’s jurisdiction regarding establishing and administering trusts
• When the Court of Protection may prefer a trust over a deputyship
• Law and practicalities surrounding minor trusts
• How to identify when an application is required in respect of an incapable trustee
• The law regarding incapable trustees
• What steps to take when you have an incapable trustee
• Issues around incapable beneficiaries
• The sorts of trusts available
• Tips and tricks in respect of applications

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.