Re SG

A Trustee Act order is sufficient 'further authority' for trustees to sell property in which a protected person has a beneficial interest, even if the deputy is prohibited from selling the property without further court authority.

Source-derived case information.

Parties: Appellant: Irwin Mitchell Trust Corporation Ltd; Subject: SG; Interested Party: HM Land Registry; Interested Party: Public Guardian
Jurisdiction: England and Wales
Judgment Date: 23 December 2022
Procedural Posture: Court of Protection Property and Affairs Deputyship / Final Order
Outcome: proceedings concluded
Legal Topics: Deputyship, Trustee Powers, Sale of Property, Court Authority Clarification

Mental Capacity Property Law Trusts Deputyship Trustee Powers Sale of Property Court Authority Clarification

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Irwin Mitchell Trust Corporation Ltd

Appellant

Subject

HM Land Registry

Interested Party

Public Guardian

Interested Party

Procedural Posture

Court of Protection Property and Affairs Deputyship / Final Order

Legal Issues

1 Whether a Trustee Act order constitutes sufficient 'further authority' for trustees to sell property when a deputy is prohibited from doing so without court approval
2 Clarification of the relationship between deputyship orders and Trustee Act orders in property sales involving protected persons

Ratio Decidendi

Court Disposition

proceedings concluded

Orders

These proceedings are hereby concluded.
This order (in this anonymised form) may be published.

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