Navigating Trustee Incapacity - A Practical Guide

Introduction

Where a trustee lacks capacity to act in that capacity, the process to remove them, and potentially replace them, will depend on several factors.

This new virtual classroom seminar will consider those factors and will be of particular interest to private client, family and property practitioners.

What You Will Learn

This live and interactive course will cover the following:

• Determining capacity to act as a trustee
• Powers of appointment and removal within the trust deed
• Where the incapacitated trustee has a beneficial interest and there is another capable trustee or trustees
• Where the incapacitated trustee does not have a beneficial interest and there is a remaining competent trustee or trustees
• Where the incapacitated trustee does not have a beneficial interest and there is no remaining competent trustee(s)
• Where there is no capable trustee and/or vesting is required
• Navigating trusts of land
• Where the incapacitated trustee has an attorney
• Applications to the Court of Protection to exercise trustee functions

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.