Court ending a Life Interest Trust early for incapacitated life tenant


(Rachel Oaten) #1

How favourably do the Court of Protection consider the ending of a Life Interest trust on the sale of the matrimonial home on entering care for an incapacitated life tenant who is unlikely to need the trust assets?

Rachel Oaten
Kitson & Trotman LLP


(Simon James Northcott) #2

It will be an uphill struggle unless it is clear the assets will never be needed as a result of other assets owned covering all possible eventualities-and even then I imagine there would be resistance.

Simon Northcott