Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Loss definition

What does Loss mean? In legal practice, loss means the harm, detriment or deprivation suffered—financial, physical or proprietary—and is not confined to permanent deprivation; temporary loss can suffice. The term is a broad, descriptive label used across civil, criminal, regulatory and insurance contexts. Some statutes define it for particular purposes: e.g., the Fraud Act 2006 (E&W and NI) defines gain or loss in money or other property and includes temporary loss; exposing another to a risk of loss may suffice. Comparable wording appears in Ireland. In Scotland, fraud is largely common law, but usage is similar. In civil claims (contract and tort/delict), damages compensate for loss...

Jointly owned land and loss of capacity: Court of Protection Q&A guide on sales, trustee appointments and LPA/EPA issues (England and Wales)

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Practice notes

Jointly owned property and Loss of capacity Q&As

This PrACTice Note steers practitioners towards Q&As setting out the Rules and procedure relevant where one or more co-owners of jointly held property lacks mental capacity. Note that the Q&A material is not maintained; the Q&As linked from this Practice Note state the Law only as at the date shown in each instance.

Introduction

When two or more individuals own real property together, whether as joint tenants or as tenants in common, a trust of land arises and the owners act as trustees. Should any such trustee become unable to manage their property and affairs, they will be incapable of executing legally binding documents in relation to the property. If a sale is proposed, an application must therefore be made for an order appointing a person to substitute the incapable trustee, or trustees. For guidance on the level of capacity needed to sell a property, see Practice Note: Capacity to make gifts, settle property and contract, particularly the section ‘Capacity to contract’. See also the decision in Sutton v Sutton, which considered the...

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Web page updated on 27/05/2026

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