There is a requirement in dealing with the TRS of the need to establish the mental capacity of named beneficiaries & settlors (albeit strangely not trustees). This information is used to consider whether an exemption should apply if a third-party requests access to the data held in relation to that trust. Information on mental capacity is not used for any other purpose and does not form part of the information that may be shared with third parties.

The Mental Capacity Act 2005 covers people in England and Wales who cannot make some or all decisions for themselves. The ability to understand and make a decision when it needs to be made is called ‘mental capacity’.

For more information on the Mental Capacity, please see the links below: