Section 36 Trustee Act Applications - Best Practice & Procedure
The Law of Property Act 1925 states that a trustee of land who loses capacity must be removed.
Often the solutions can seem complex, but a structured approach can help to clear up the muddied waters, presenting the way forward.
This introductory level webinar will guide you through the procedures to follow where a trustee needs to be removed.
What You Will Learn
This webinar will cover the following:
- The Mental Capacity Act
- Attorneys or Deputys?
- P (a trustee lacking capacity) has no beneficial interest and there is another competent trustee in place - s36(1)
- P (a trustee lacking capacity) does have a beneficial interest and there is another competent trustee in place - s36(9)
- What if a Vesting Order is required? - s40(4)
- For Vesting Orders and where there is no continuing trustee - s54
- Where P has no beneficial interest in the trust property and there is no continuing trustee - s41
- Under a trust/settlement P has a power of appointment or their consent is required to a transaction - s18 Mental Capacity Act
- P is a trustee of land but has no beneficial interest in it - s20 Trusts of Land and Appointment of Trustees Act
- Applications to the Court of Protection
- Applications to the High Court
This webinar was recorded on 22nd January 2020