Trustee lacks capacity

A trustee of a lifetime discretionary trust is named as one of the potential beneficiaries of the trust. She has lost capacity and are seeking to replace her under s.36 TA 1925. As her potential interest in the trust is discretionary rather than an interest in possession presumably consent from the Court of Protection is not required.

Laura Ruffell
Rudlings Wakelam

Yes - that is my understanding.

Joe Cobb
JMW Solicitors LLP