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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

Devonshires—Rebecca Eastwood

Devonshires—Rebecca Eastwood

Housing management and property litigation practice strengthened by Leeds partner hire

Trowers & Hamlins—Rahul Sagar

Trowers & Hamlins—Rahul Sagar

Banking and finance practice bolstered by partner hire

mfg Solicitors—Ian Sheppard

mfg Solicitors—Ian Sheppard

Commercial litigation team welcomes senior associate in Birmingham

NEWS
A ‘parallel justice system’ is developing due to the increased use of Out of Court Resolutions (OOCRs), magistrates have warned
The government’s plan to cut jury trials could ‘cause more delays than it could ever serve to reduce’, veteran silk Geoffrey Robertson KC has warned
Artificial intelligence (AI) could be used to generate faster and cheaper transcripts of criminal court proceedings, ministers have announced
Solicitors practising litigation have been issued with a Law Society practice note following the Court of Appeal’s judgment in Mazur
Sir Andrew McFarlane has retired from the judiciary, following nearly eight years as president of the Family Division and president of the Court of Protection
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