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Powers and Duties of Executors and Trustees

Unless the powers of executors and trustees are extended or varied by the will, the powers are limited to those given by statute. The main statutory powers are set out here under: Section 3 of the Trustee Act 2000 (the Act) gives a general power to invest in anything other than land. Section 4(1) provides that when exercising any power of investment trustees must take into account the statutory investment criteria which are: The suitability to the trust of investments of the type proposed and of that particular investment as…

Lasting Powers of Attorney and why you need one

With an ageing population in England and Wales, mental capacity is increasingly becoming an issue for a wide range of families. Mental capacity is a legal concept which defines a person's ability to make a specific decision or to do a particular act. If a person loses capacity, safeguards need to be put in place to cater for the eventuality. What are the safeguards? Preparing Lasting Powers of Attorney The answer is: preparing Lasting Powers of Attorney, whilst one still has capacity, in anticipation of the possibility that at some…

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