Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Disclaimer definition

What does Disclaimer mean? In practice, a disclaimer is the statutory power used in insolvency to renounce “onerous property” (typically an onerous lease, unprofitable contract or burdened asset) so the insolvent estate ceases to incur ongoing liabilities. It is exercised by notice (and, in some cases, with the court’s permission). In England & Wales and Scotland, liquidators and trustees in bankruptcy may disclaim under the Insolvency Act 1986 (liquidations: section 178; bankruptcy: section 315). Northern Ireland has equivalent provisions in the Insolvency (Northern Ireland) Order 1989. In the UK, the Crown may disclaim property vesting as bona vacantia (Companies Act 2006, section 1013). In...

Revocation, Disclaimer and Termination of Lasting Powers of Attorney in England and Wales: donor action, operation of law, Court of Protection powers, and PAA 2023 updates

Published by a LexisNexis Private Client expert

Practice notes

FORTHCOMING CHANGE:

Following the Government’s response to the Ministry of Justice and the office of the public guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill secured Royal Assent on 18 September 2023, and thereby became the Powers of Attorney Act 2023 (PAA 2023). The majority of the Act’s provisions are not yet in effect, as they await secondary legislation. Once those provisions are brought into force, PAA 2023 will amend the Mental Capacity Act 2005 (MCA 2005) to deliver a more modern lasting power of attorney (LPA) service...

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Victoria Mahon de Palacios

Wedlake Bell

Victoria Mahon de Palacios is a senior associate, who trained and qualified at Wedlake Bell LLP. Her practice includes all aspects of private client work. She has particular expertise in Court of Protection work regarding elderly clients and vulnerable beneficiaries. Victoria's general practice also includes advising on methods of mitigating inheritance tax and capital gains tax for both UK and non-UK domiciled individuals through lifetime gifts, onshore and offshore trusts and tax-efficient wills, together with advising on the administering of estates and trusts. Victoria also advises on the establishment of new charitable structures, charity mergers and variations to charitable trusts. She has been named one of the country's "Top 35 Under 35" private client advisers in Private Client Practitioner magazine for 2011, 2013 and 2014. Victoria is a member of the Society of Trusts and Estates Practitioners (STEP) and the STEP Mental Capacity Special...

Web page updated on 21/05/2026

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