1
Type Speaker CPD Hours Level
Webinar
1 IntroductionInformation
Accreditation Information
SRA Competency B

Introduction

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

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Section 36 Trustee Act Applications - Best Practice & Procedure

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