AB, In the Matter Of [2026] EWCOP 11 (T2)

Judgment concerning the status of a trust corporation and its appointment as a finance and property deputy

The proceedings were conducted entirely on paper and the judgment had previously been issued subject to further written submissions from the parties. Neither party sought to challenge the original conclusions. The judgment arose because there had been no previous consideration of whether this type of trust corporation - a "Category 3" one with no external independent regulatory oversight as per Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies [2018] EWCOP 3 - is an appropriate entity for appointment as a deputy. 

HHJ Hilder confirms, and the parties agree, that Enable & Thrive is a Category 3 organisation and after reviewing the law and the submissions concludes at [32] it is a suitable organisation broadly because the director is a qualified solicitor and her

'professional obligations even whilst acting for the trust corporation, rather than directly as a solicitor, have value in themselves and in the impact they are likely to have on the organisation as a whole.'
 
Read the judgment on Bailii