Call Trudy Rogers on 01635 569670 | Email:

Trust Applications

You are automatically removed as a Trustee if you lose mental capacity.

A vulnerable person who has lost capacity may not necessarily be a ‘Trustee’ of a trust but there are trusts created by operation of law. Appointing a new Trustee requires an application to the Court to allow the Deputy to step in as a Trustee in place of the vulnerable person. The most obvious example is where the vulnerable person owns property jointly with someone else as ‘tenants in common’.

This means that if the vulnerable person owns a specific share in a property; that his/her share in the property must be dealt with on sale or transfer. The Deputy can make an application to the Court to give the Deputy power to step in as a Trustee regarding the specific property. This means the Deputy can join with the other co-owner and sell or transfer the property as if the Deputy were the vulnerable person.

The application regarding trusts is not overly complicated, but you will need to be clear about the assets that are affected. If more than one property is involved, or more than one trust, it is worthwhile making sure that you have all of the trust and property information rather than returning for a further application at a later date.

Please contact Trudy Rogers on 01635 569670 or email on for further information.