I am dealing with an intestate estate, one of the beneficiaries lacks capacity to handle his affairs by reason of mental disorder and is in receipt of DLA. There is no LPA, EPA or deputyship in place.
Is there anything the PR’s can do to set up a Disabled Persons Trust, the beneficiary lacks capacity to sign a deed of variation, or would this need to be dealt with by way of an application to the COP?
Any help gratefully received.
Sally-Ann Joseph
QS Rose & Rose
If the beneficiary is adult and the entitlement is absolutely vested,
there is nothing the administrator of the estate can do.
If the beneficiary is a minor, s.32 Trustee Act 1925 may enable an
appointment on a disabled persons trust. However, is this necessarily
the most appropriate way to protect the value, mindful of the increased
compliance aspects.
Paul Saunders
The beneficiary’s entitlement is likely to be in the region of 300k, not sure what the best way, if any, it can be dealt with
Sally-Ann Joseph
QS Rose & Rose
With that level of funds, the Court of Protection should be involved.
Suggest you talk with the beneficiary’s family and/or carers to identify if any might be suitable and willing to take on the deputyship.
Alternatively, ask the court to provide details of their local panel member(s) who might be able to take on the role of deputy.
Paul Saunders