TH v JH
 [2018] WTLR 693

Wills & Trusts Law Reports | Summer 2018 #172

The applicant, TH, the donee of an enduring power of attorney for the property and 
affairs of his father, HH, applied for retrospective approval of payments and gifts 
made between 2011 and 2017 in the sums of £88,366 in favour of the applicant and 
his family, and £15,196 in favour of his brother JH, the first respondent, and his family. 
JH opposed approval of all sums save for £30,000.


HH lacked capacity and was unable to participate in any meaningful way in 
decisions about his welfare or property or affairs. He required constant care from 
August 2010. TH provided sporadic ...

ADS v DSM & ors [2017] WTLR 819

Wills & Trusts Law Reports | Autumn 2017 #169

JKS and her late husband had two sons, ADS and DSM. She brought proceedings against the former in August 2012 seeking relief in respect of (a) a transfer by her late husband to ADS of his parents’ matrimonial home (at which she and her late husband continued to live) and (b) a transfer by her late husband to ADS and his wife of a piece of land adjoining other property. Serious allegations were made by JKS, including allegations of undue influence by ADS. On the death of JKS’s husband a significant sum of inheritance tax was due in respect of the reservation of benefit in the matrimonial ...

Court Of Protection: Best interests

Howard Smith summarises the position on the bestowing of gifts and other benefits when a person lacks capacity ‘In each case the deputy or the attorney must decide whether the size of any proposed gift is reasonable given the occasion on which the gift is made and the size of the estate.’ In cases where …
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Re Jones [2014] EWCOP 59

Wills & Trusts Law Reports | May 2016 #159

Mr Jones suffered from dementia and lacked testamentary capacity and capacity to make significant lifetime gifts. He had an estate of approximately £2.3m and was intestate. The effect of his dying intestate would be that, following the statutory legacy of £250,000 plus personal chattels to his wife, Mrs Jones, outright, Mrs Jones would receive half of the remainder of the estate absolutely and his daughter from a previous relationship, Ms Dawson, would receive the other half of the estate.

Ms Dawson’s mother and Mr Jones had separated when she was a child whereupon Ms Dawson...

Ross v A [2015] EWCOP 46

Wills & Trusts Law Reports | April 2016 #158

A, who was 18 years old, had received £5,000,000 in settlement of a claim for clinical negligence which had left her with cerebral palsy, epilepsy, cortical blindness, severe intellectual impairment and extreme behavioural problems. She lived at home with her parents and siblings. A professional with 25 years’ experience, David Ross of Simpson Millar, Solicitors, was appointed by the Court of Protection as deputy for her property and affairs. B, who was A’s brother, had not progressed at primary school as well as he could have during the build up to the trial in the High Cour...

Statutory Wills: Doing the right thing

Re Gladys Meek [2014] has lessons on safeguarding the mentally incapable from loss. Sam Chandler analyses the case. ‘The judge considered that it could not be in Mrs Meek’s best interests to require what was left of her resources to be expended on litigation to remedy the deputies’ default when a straightforward alternative was available.’ …
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Statutory Wills: A delicate exercise

Sharon Kenchington finds that NT v FS sets out useful guiding principles on determining ‘best interests’, in a rare reported case ‘Any decision made on behalf of the individual for whom the statutory will is being made must be in their best interests. It is important to recognise that this is not the same as …
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NT v FS & ors [2013] EWHC 684 (CP)

Wills & Trusts Law Reports | June 2013 #130

F is a 74-year-old retired rugby player with assets of £3m and was diagnosed with Alzheimer’s and dementia in 2006. The applicant (NT), who is F’s deputy, brought this application for a statutory will to be executed on behalf of F and for a statutory gift of £50,000 to be made to F’s 95-year-old mother (T). The respondents were the potential beneficiaries of such will. The statutory gift was uncontroversial, however the statutory will provisions were contested. Judge Behrens, in determining what terms would be in F’s best interests, had regard to previous authorit...

Statutory Wills: Objective and fair?

Michael O’Sullivan reviews the case of Re JC [2012], which clarifies the current position with statutory wills and adoption The effect in law of an adoption is that the adopted child ceases to be regarded as the child of their natural parents and becomes, in the eyes of the law, the child of the adopters. …
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