Continue reading "Statutory Wills: Doing the right thing"
Statutory Wills: Doing the right thing
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The court was asked to consider the applications, made on behalf of 36 incapacitated persons, to appoint a trust corporation as their property and affairs deputy. There was currently no agreed system through which the court could know that any particular trust corporation was suitable to be appointed as deputy, nor a ‘panel’ of approved trust corporations.
The following questions arose:
Continue reading "Statutory Wills: Doing the right thing"
Mr Jones, the property and affairs deputy for Gladys Meek, asked for the court to authorise a statutory will leaving everything between National Trust for Scotland and a charity connected with the Christadelphian Church. He also asked for an order calling in the £275,000 security bond against her two former deputies, Mrs Miller and Mrs Johnson, and a direction as to whether he should refer the conduct of the two former deputies to the police.
Mrs Meek was born in 1919, widowed in 1961 and predeceased by her only child Barbara in 2010. Both her husband and Barbara died intestate an...
HM was born on 3 April 2004 and suffered from cerebral palsy following injuries she sustained during her birth. She was likely to lack capacity on reaching 18 and it was agreed that the Court of Protection had jurisdiction over her property and affairs. Proceedings against the relevant NHS trust for damages were compromised in 2010. The level of compromise damages was much less than the real level of HM’s likely care needs owing to leading counsel’s advice that her claim stood only a 25% to 33% prospect of success.
On 10 September 2010, District Judge Ashton had refus...