Re D [2016] EWCOP 35

Wills & Trusts Law Reports | September 2016 #162

This was an appeal of an order allowing an applicant (I) for an order authorising her to execute a statutory will to be released from the obligation to serve the papers on someone entitled to a half share of the estate on intestacy and who would be disinherited if the statutory will was executed.

D was 30 and lived with his mother, I. D had cerebral palsy resulting from complications at birth and had been awarded damages of £3.1m in an action for clinical negligence. I was D’s deputy for property and affairs.

D’s father (F) had no contact with D for over 20 ye...

Re AB [2013] EWHC B39 (COP)

Wills & Trusts Law Reports | September 2014 #142

AB was a young adult who had suffered a brain injury. She lived with her mother, stepfather and stepbrother. PQ was her father, whose whereabouts were unknown. In the past he had been physically violent and sectioned. AB’s mother had terminated her relationship with PQ and, apart from occasional contact visits, he had not seen his daughter for years. Mother and daughter subsequently moved and established new lives elsewhere. AB was currently intestate and one of her property and affairs’ deputies made an application for the execution of a statutory will to be authorised on he...

Re Po; Jo v Go & ors [2013] EWHC 3932 (COP)

Wills & Trusts Law Reports | March 2014 #137

PO was 88 years of age and lacked capacity to decide where she should live. She had four children, the applicant (JO), and the first, second and third respondents (GO, RO and MP). GO and RO were PO’s attorneys for property and affairs but no power of attorney or deputyship order was extant for welfare decisions.

Until the events giving rise to this application PO was habitually resident in England and Wales, living in her own property in Worcestershire with family and local authority assistance. However, in April 2012, GO moved PO to Scotland, initially to live with him but...

XCC v AA & ors [2012] EWHC 2183 (COP)

Wills & Trusts Law Reports | November 2012 #124

DD has severe learning disabilities, little language, little comprehension of anything other than very simple matters and needs assistance with almost all aspects of her daily life. Her parents are from Bangladesh, but the family has been brought up in Britain and are British citizens. DD married AA (said to be her cousin) in 2003 in Bangladesh. AA eventually gained a spousal visa in 2009 and moved in with DD and her parents, sharing DD’s bedroom and bed. DD’s marriage came to the attention of the learning disabilities team of XCC, leading to concerns about her welfare. The police obtain...

5 Stone Buildings: A quick catch up

Penelope Reed QC introduces an issue devoted to articles by the barristers of 5 Stone Buildings The members of 5 Stone Buildings are delighted to be back writing for this edition of the Trusts and Estates Law & Tax Journal. Last year proved to be a fertile source of articles with members of chambers involved …
This post is only available to members.

International Orders: Best interests

Jordan Holland analyses the Court of Protection’s obligations to enforce international orders after Re MN ‘The enquiry into what is in a person’s best interests is one that is, by its very nature, highly fact sensitive and it can be inferred from the lack of any specific guiding principles that the analysis of best interests …
This post is only available to members.