Continue reading "Case report: Dunhill v W Brook & Co [2018] EWCA Civ 505"
Capacity: Hard decisions
Continue reading "Capacity: Hard decisions"
A County Council v MS & anr 11413486
Wills & Trusts Law Reports | July/August 2014 #141This was an application by a local authority property and affairs deputy seeking a direction whether to authorise a gift MS wished to make. MS was a member of the Church of Latter Day Saints (the church) and wished to donate £6,832 to the church as a tithe. This sum represented 10% of a recent inheritance. RS was MS’s mother and strongly opposed to the donation. MS made his own application seeking declarations that he had capacity to litigate, capacity to make a tithe, capacity to manage his own property and affairs and capacity to execute a LPA for property and affairs.
MS...
Capacity: When does a settlement settle nothing?
Continue reading "Capacity: When does a settlement settle nothing?"
Capacity: Test of capacity to conduct proceedings
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In the estate of Constance Rose Simon; Simon v Byford & ors [2013] EWHC 1490 (Ch)
Wills & Trusts Law Reports | November 2013 #134Mrs Constance Rose Simon died on 15 January 2009 at the age of 91. She was the widow of Mr R W Simon, with whom she had four children: namely Jonathan, Robert, Hilary and David. David predeceased his mother on 1 November 2004.
Mrs Simon’s estate consisted of her house in St John’s Wood, London (valued at £1.75m), a flat in Westcliffe on Sea (valued at £262,500), savings and shares (worth £55,000), some land in Malta and 16 shares in R W Simon Ltd (the company).
By Mrs Simon’s will dated 23 March 1978, she had left her entire estate to her four children i...
Client Care: Clients without capacity – taking instructions
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Capacity: Masterman-Lister and Bailey v Warren revisited
Continue reading "Capacity: Masterman-Lister and Bailey v Warren revisited"
Curtis & ors v Pulbrook & ors [2009] EWHC 782 (Ch)
Wills & Trusts Law Reports | November 2011 #114The claimants were the step-children of Arthur Ronald Towns (Mr Towns). Mr Towns had commenced the claim on 5 October 2007 and had died on 3 June 2008. The claimants were substituted for Mr Towns on 3 September 2008 as executors of his estate. Repayment was sought of sums totalling £127,000 said to have been withdrawn by the first defendant (Henry Pulbrook) from an account in the joint names of Mr Towns and his late wife Edith Anne Towns (Mrs Towns). The claimants were Mrs Towns’ children from her first marriage.
Each of the claimants and the defendants was a descendant of ...