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Law Resources: Trusts and Estates

CPR Part 64: Estates, Trusts and Charities  

Publisher: Ministry of Justice  

STEP: Trusts Discussion Forum  

Moderated mailing list dedicated to discussion by practitioners of topics relating to the drafting and administration of trusts, wills and other private client issues including taxation.

The Directory: Courts and Tribunals

High Court: Court of Protection  

We make decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’). We are responsible for: deciding whether someone has the mental capacity to make a particular decision for themselves appointing deputies to make ongoing decisions for people who lack mental capacity giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity handling urgent or emergency applications where a decision must be made on behalf of someone else without delay making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration considering applications to make statutory wills or gifts making decisions about when someone can be deprived of their liberty under the Mental Capacity Act

The Directory: Justice System

Office of the Public Guardian (OPG)  

The Office of the Public Guardian (OPG) protects people in England and Wales who may not have the mental capacity to make certain decisions for themselves, such as about their health and finance. OPG is an executive agency, sponsored by the Ministry of Justice.

Official Solicitor and Public Trustee  

The Official Solicitor and Public Trustee (OSPT) support the work of the MOJ. They carry out separate functions, although their respective trusts, estates and deputyships are managed by the same team. The Official Solicitor provides access to the justice system for vulnerable people who may have problems understanding it due to their age or disability. The Public Trustee acts as executor or administrator of estates and as the appointed trustee of settlements. OSPT works with the Ministry of Justice.

The Directory: Law Associations: Barristers

Chancery Bar Association (ChBA)  

A Specialist Bar Association for barristers whose practice consists primarily of chancery work.

Revenue Bar Association (RBA)  

Members provide specialist tax advice and advocacy in relation to tax matters. The majority are tax specialists. The others have mixed practices, often Chancery work concentrating on the tax affecting trusts, estates and property. Members advise on technical points of tax law, planning, dealings with HM Revenue and Customs, as well as advocacy in the General and Special Commissioners', VAT and Duties Tribunals, as well as the High Court and beyond. Some members also have rights of audience in foreign courts.

The Directory: Law Associations: International

International Academy of Estate and Trust Law  

Exists to facilitate the sharing of legal knowledge internationally, focussing on the analysis of the substantive requirements and tax consequenquences of transfering wealth.

International Tax Planning Association  

Maintians a definitive collection of offshore tax laws, articles and information.

The Directory: Law Associations: Lawyers

Association of Contentious Trust and Probate Specialists (ACTAPS)  

For lawyers specialising in contentious trust and probate work; provides a forum for specialists to exchange experience, know-how and an appreciation of the law and statutes on contentious trust and probate issues.

Law Society Probate Section  

Membership required. Section offers practical help to all solicitors working in the fields of wills, financial planning, trusts, tax planning, Court of Protection, care planning and estate administration.

Society of Trust and Estate Practitioners (STEP)  

Provides education, training, representation and networking for its members, who are professionals specialising in trusts and estates, executorship, administration and related taxes.

Solicitors for the Elderly  

Interest group led by solicitors for practitioners committed to providing and promoting a comprehensive range of high quality legal services for older people, their family and carers.

The Directory: Professional Associations

Association of Solicitors and Investment Managers (ASIM)  

Encourages the provision of high quality investment services by solicitors for private clients, trusts and charities.