Trustee Act Applications

Sometimes, the need to think about an application to the Court of Protection is unexpected.

It most often arises where a person who lacks capacity owns a house with someone else.  In this case, an application under the Trustee Act 1925 is needed to replace the person lacking capacity with a capable trustee.

Usually, it is discovered that an application is needed to the Court of Protection once the house sale process is well under way.  This will delay any sale of the property until the issue has been resolved. 

The first question to ask is whether the person lacking capacity has made a Lasting Power of Attorney for Property & Financial Affairs or has a registered Enduring Power of Attorney in place.  If so, then there will not be too much of an issue as usually the Attorney can step in and act.

However, it may be necessary to make an application to the Court of Protection to appoint or discharge a Trustee.  If this is the case, then an application will need to be made in good time before the property is sold, as the application process can be a lengthy and complicated one.  This can obviously delay the sale of a property. 

Advice should therefore be sought well ahead of any plans to place the property on the market to avoid any unwanted delays to completion.

Our specialist team is on hand to advise you regarding Trustee Act applications.