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Checklists: The Trustee Delegation Act 1999

The Trustee Delegation Act 1999, which was enacted on 1st March 2000, altered the position for Powers of Attorney. This is particularly relevant to Private Client and Conveyancing Lawyers. The following charts compare the position for Enduring Powers of Attorney, General Powers of Attorney and Trustee Powers of Attorney, before and after the Act, and highlight the problem areas.

12 July 2001

The Trustee Delegation Act 1999 which was enacted on 1st March 2000 altered the position for Powers of Attorney. This is particularly relevant to Private Client and Conveyancing Lawyers. The following charts compare the position for Enduring Powers of Attorney General Powers of Attorney and Trustee Powers of Attorney before and after the Act and highlight the problem areas.

GENERAL POWERS OF ATTORNEY

SECTION 10

POWERS OF ATTORNEY ACT 1971

Position Before Trustee Delegation Act 1999

(pre 1.3.2000)

1.   Could not delegate trust functions

Position After Trustee Delegation Act 1999

(after 1.3.2000)

1. Can delegate permitted trust functions (unless prohibited by trust deed)

NB  Easier to use a Trustee Power of Attorney under Section 25 Trustee Act 1925 for trust functions

2. Could not be used once d...

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