I have a situation where a trustee, who is also the life tenant of the trust, has lost capacity. It is a Will trust. There is one other trustee appointed who is not a beneficiary of the trust.
I understand that an application to the Court of Protection will be required to replace the incapacitated trustee as she has a life interest, however we want to enter into an agreement in relation to some land owned by the trust.
The life tenant’s daughter is her attorney acting under an LPA. I am wondering if we can use section 1 of the Trustee Delegation Act 1999 to enable the attorney to act on behalf of the incapacitated trustee in relation to this transaction in relation to the land, on the basis that the life tenant is a trustee with a beneficial interest.
I can’t seem to work out if this section only applies to co-owners of land, i.e. in a husband and wife situation.
Any thoughts greatly appreciated.
Rebecca Best
Progeny Private Law