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27 March 2026 / Ann Stanyer
Issue: 8155 / Categories: Features , Court of Protection , Property
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Deputyship & trust corporations

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Ann Stanyer reports on a recent decision clarifying how trust corporations may be appointed as deputies, & the safeguards the court expects before approving them
  • The Court of Protection confirmed that Category 3 (unregulated) trust corporations can be appointed as deputies, but only with strict safeguards and undertakings.
  • The court stressed the need for adequate insurance and transparency with the Public Guardian.

The Court of Protection has recently authorised the use of a new category of trust corporation to act as deputy appointed by that court. It is instructive to review how the court reached this decision.

Re Various Incapacitated Persons

The case of Re Various Incapacitated Persons [2018] EWCOP 3 involved an application for 36 different persons for the appointment of property and affairs deputies of a trust corporation. The court had to consider whether a trust corporation was a fit and proper legal person to hold such an appointment. The court acknowledged the benefits of appointing a trust corporation to be a deputy. These, it said, included:

  • ‘Continuity:
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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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