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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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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