Richard Dew explores a case which concerns Norwegian law, the question of domicile and the principles of ademption The claimant needed to persuade the court to characterise the issue before it not as one of the division of the estate of Elizabeth but as something else, to which the English court could apply Norwegian law. …
Continue reading "Conflicts of law: Observing the orthodoxy"
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Wills & Trusts Law Reports | July/August 2014 #141DP was born in 1925, was an only child, and had worked for thirty nine years for the BBC World Service at Bush House, the Aldwych, London, WC2. She was the donor of a lasting power of attorney (LPA) in favour of JM which had been registered on 20 February 2012. JM had known DP since 2006 and was formerly her gardener. The public guardian applied for an order under s22(4)b Mental Capacity Act
2005 revoking the LPA.
Held
The only evidence in respect of DP’s capacity came from a visitor, who opined in her report dated 28 March 2013 that DP did not have ...
