Search results for ''...

Sorry, there were no results

Get in touch

Get in touch

  • Overview

    When should you make an application to the Court of Protection?

    If you are acting as a Court of Protection Deputy or have Power of Attorney for someone else, you may want to consider making important decisions on their behalf such as:

    • Making a will
    • Making a major lifetime gift
    • Withdrawing a large one-off sum (e.g. for the purchase of a property)
    • Increasing an annual withdrawal limit, set in a deputyship order.

    The Court of Protection exists to safeguard the property, financial affairs and welfare of those who lack capacity to make decisions for themselves, and only the Court of Protection can authorise certain decisions. Many factors influence the Court’s decision and need to be taken into account when preparing an application: the interests of the person who lacks capacity is paramount; other people can be affected and may not agree to what is proposed and complex issues of trust and tax law are often involved.

    How our Court of Protection lawyers can help with applications to the Court of Protection

    We are able to assist deputies and attorneys by:

    • Making applications for gifts, wills, and settlements
    • Navigating the complexities of the Mental Capacity Act 2005 and Court of Protection Rules
    • Assisting with arrangements for assessment of capacity
    • Preparing the Court of Protection forms
    • Advising on applications or responding to applications
    • Acting on behalf of someone who lacks capacity to conduct court proceedings (i.e. as their “litigation friend”)
    • Making applications for the replacement of trustees who lack capacity, including where property is owned jointly.

    Our Court of Protection expertise

    • We have one of the largest specialist teams of Court of Protection solicitors, lawyers and assistants in the country, offering a rare combination of expertise and resources to deal with anything from a simple application to complex litigation
    • Eddie Fardell, Martin Terrell and Brian Bacon are highly regarded experts, with 50 years experience between them. Eddie and Martin are on the Court of Protection User Group, and Martin Terrell is on the panel of external Deputies, and they both often receive direct referrals from the Court and other professionals. We are appointed as deputies in over 250 cases
    • Our specialist Court of Protection solicitors give straightforward, practical advice and have the experience to ensure they secure the best possible outcome for the vulnerable or elderly person
    • We understand how the jurisdiction works and know when to compromise, fight or walk away. Where necessary, we work with leading barristers in this area and have been involved in some of the most difficult decisions made by the Court of Protection
    • We have particular experience in dealing with Court of Protection issues for severely disabled clients (including people with brain injuries and birth injuries) and managing large personal injury or clinical negligence awards. We also manage the affairs of many elderly clients suffering from dementia.

    Further help

    Free initial consultation

    Call us to arrange a free initial consultation. We’ll clearly explain the options and the processes involved with the wills, gifts and other Court of Protection applications.

  • Related Client Stories

    The complete package

    Ultra high net worth clients have complicated affairs. We are able to provide peace of mind through a complete advice service.

    Peace of mind when entering a second marriage

    A long-term client has recently entered into a second marriage and they wanted the interests of all the client’s children protected in a tax efficient way.

    Tax reduction on a substantial inheritance

    During the administration of an estate, which included shares in a property investment company, our advice resulted in a capital gains tax saving of over £250,000 for the beneficiaries. 

    Estate planning review following re-marriage

    We advised a wealthy client on changes to his Will that could save several million pounds in inheritance tax.

    Capital gains tax saving for beneficiaries

    Following a significant increase in the value of a property during the administration of an estate, we were able to achieve a substantial capital gains tax saving.

    Tax planning disaster averted

    Our clients were faced with a potential inheritance tax liability of over £1.2million but, following our intervention, HMRC accepted that no inheritance tax was due. 

    International musical estate

    We advised the executors of a complex estate containing assets worth over £25million and we were able to reduce the inheritance tax bill by over £500,000.

  • Latest Updates

    Law Commission’s consultation on the law of wills

    Thomson Snell & Passmore has responded to the Law Commission’s consultation on the law of wills.

    FAQ: Tax Planning

    Q. We want to help our 20 year old daughter buy her first flat, but we’re worried about putting such a valuable asset directly in her name. Is there anything we can do to protect the property until she’s a bit older?

    Representing an adult who has cognitive deficits following a road traffic accident when they were six

    P was involved in a road traffic accident in 2001 when she was just six years old.  As a result of the accident, P suffered a severe brain injury. P made a remarkable recovery from her injuries, but has been left with some cognitive deficits.  She struggles with organisation, budgeting and planning.  She can be very impulsive and disinhibited.  She also suffers from fatigue.

    Staffordshire County Council v SRK and others: implications for deputies and local authorities.

    The decision of Mr Justice Charles in the case of Staffordshire County Council v SRK [2016] EWCOP 27 has impacted on the practices and responsibilities of professional Deputies in cases where there is a substantial and privately funded care regime.  This article addresses the key facts and the impact this will have on deputies and the Court.

    Bank of Mum and Dad – how to protect your wealth

    It is increasingly difficult to save for a deposit whilst paying rent and outgoings on a rented property. Lenders are now far more cautious about how much they will lend and who they will lend it to. As a result parents are regularly stepping in to help out their children to purchase a property.

    Are trusts the new pre-nups for wealthy families?

    Desmond O'Donnell, senior associate from our family department and Stuart Price, solicitor from our private client department speak with Spear's about pre-nuptial agreements for wealthy families.

    Owner managed businesses : tax-efficient wills for company directors

    Owner-managed businesses : tax-efficient wills for company directors

    Giving away shares in the family company

    Giving away shares in the family company

    FAQ: Family

    Q: I have recently separated from my long term partner, we were not married.  Am I able to make a financial claim against them?

    Thomson Snell & Passmore’s Private Client Team triumphs at the Law Society Excellence Awards

    The Private Client team of leading South East law firm Thomson Snell & Passmore is thrilled to have come away with top prize, the ‘Excellence in Private Client Practice’ award at the Law Society Excellence Awards 2016 which took place at the Hilton Park Lane Hotel in London on Thursday 20 October.

    Celebrate Gifts But Don’t Get Hit By Taxman

    Mark Politz, Partner and chartered tax adviser in the private client team at Thomson Snell & Passmore considers some of the issues that arise when gifting money between friends and family.

    Top 25 UK Law Firm

    We are pleased to receive, for another year, the accolade from eprivateclient of being listed as one of the Top 25 Law Firms in the UK.

    FAQ: Budget

    Q. Was there any good news for SMEs in the Budget? A. Whilst not transforming the landscape for SMEs, there was certainly some good news.  The Chancellor looked to shift some of the tax burden onto large corporates, giving him some room to assist smaller businesses.

    Frequently asked questions about the Rehabilitation Code

    We answer frequently asked questions regarding the Rehabilitation Code including it's purpose along with what the code states and how to code will help someone with a brain injury.

    Planning carefully will protect your lump sum

    Thomson Snell & Passmore give MexxaMixx's company directors advice on what they should do with their lump sums from a tax and estate planning perspective after they agreee to sell the entire issued share capital of MexxaMixx to a mjor competitor.

    What's the point of Civil Partnership?

    Heterosexual couples may soon be allowed to enter into civil partnership. Nicola Plant from our Private Client department speaks about why some heterosexual couples prefer the idea of civil partnership over marriage and what it will mean to them legally.

    Thomson Snell & Passmore’s nationally ranked Court of Protection team awarded The Legal 500 UK 2015 firm of the year

    Leading South East law firm Thomson Snell & Passmore is delighted to announce their Court Of Protection team has been awarded The Legal 500 UK 2015 firm of the year. 

    Private Client Adviser - Needle meets digital haystack

    Richard Hearne from our Private Client team speaks to legal trade magazine Private Client Adviser about digital legacies.

    Nationally ranked Court of Protection team awarded The Legal 500 UK team of the year 2015

    Leading South East law firm Thomson Snell & Passmore is delighted to announce their Court Of Protection team has been awarded 'Firm of the Year' by The Legal 500 UK 2015 for their specialist work in this area. The team are unique as they are top ranked nationally by both The Legal 500 and Chambers UK directories, and have been for the last few years.

    FAQ: Dispute Resolution

    Q.  I have been cut out of my parents Will, what can I do?

  • Know How

Get in touch

Meet The Team

Related Services
Jargon Buster Related Services