In this week's NLJ, Ann Stanyer, consultant at Wedlake Bell, considers the recent case of Enable & Thrive Ltd v The Public Guardian [2026] EWCOP 11.
While trust corporations have some benefits, for example, continuity as corporations never go on holiday, fall sick or retire, it is obviously important that safeguards and oversight applies, for example, the regulatory oversight of the Solicitors Regulation Authority (SRA).
The case of Enable & Thrive concerns the appointment for the first time of a category 3 trust corporation—not subject to SRA oversight, as opposed to category 1 and category 2 where the trust corporation itself and individuals within the trust but not the trust itself, respectively, are regulated by the SRA.
Stanyer writes: ‘The court was right to express caution and require specific detailed undertakings to reassure the Public Guardian and the public that this category of trust corporation could be appointed as deputy.’
