IIP (IPDI) appointing assets to remaindermen during lifetime of life tenant lacking capacity
Michelle131
Member
A solicitor has recommended a partial closure of an interest in possession trust which was created through a will. The life tenant is still alive but has no capacity, there is an EPA which has been registered. The attorney of the EPA is also a trustee of the IIP and one of the remaindermen who has benefited from the closure of the IIP. I haven't come across this before, I know advice should be sought from the COP before gifting on behalf of someone who lacks capacity but is this different because the trustees have agreed on the deed of appointment? The beneficiaries are all over 18.