Re Smith; Kicks v Leigh (Deceased) [2014] EWHC 3926 (Ch); [2015] WTLR 579

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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LPAs: Unfair care?

Justin Holmes examines Re OB, The Public Guardian v AW, which sheds light on when LPA attorneys can and cannot use their principal’s funds to improve their own properties ‘Disconnection between the expectations of family members on the one hand, and the law of undue influence on the other, is a fertile source of litigation …

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Testamentary Capacity: Banking on Banks v Goodfellow

Walker v Badmin has clarified the correct test for testamentary capacity. Araba Taylor explains ‘The clarity offered by the Walker judgment is very welcome, given the conflict between earlier first instance decisions and what the judge described as the “rather ambivalent view” in the textbooks.’ It is now settled: the test for testamentary capacity in …

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