HHJ Hilder – Law Journals

F v R [2023] WTLR 137

Spring 2023 #190

R had a lifelong significant disability and lacked capacity. His estate at the time of the application comprised income from state benefits. The total benefit income was £60,293.48 of which £52,381.60 was means-tested. R’s mother had a cousin, T, who passed away leaving their residuary estate to R absolutely. The bequest was in the region of £400,000-£600,000 which would have reduced R’s means-tested benefit entitlement to nil.

Proceedings were brought by F for approval of a deed of settlement which would result in the sum instead being left on a disabled person’s trust for the be...

Kambli v AR & anr [2022] WTLR 221

Spring 2022 #186

P had had a series of professional deputies, each seeking to be discharged on the basis of an irretrievable breakdown in relations with P’s family, particularly AR, P’s father.

Earlier proceedings in the Court of Protection (see [2019] EWCOP 15) concluded with an order appointing K as property and affairs deputy for P. By an application dated 13 August 2020, K applied to be discharged as deputy, and for the appointment of another panel deputy instead. That application was refused on paper in October 2020, but K sought reconsideration of his application. On 10 December 2020 the cou...

Re P [2021] WTLR 335

Spring 2021 #182

P, before his stroke, was an enterprising businessman who had made a will ten years ago by which he made provision through two trusts for his son, X. By a letter of wishes he indicated that a trust structure had been provided because of concerns that outright inheritance would be contrary to his interests. P was considering making a new will to reflect the changed position of his companies when the stroke supervened, as a result of which he lost the capacity to execute a will. Consequently, M and H made an application for authority to execute a statutory will on behalf of P and, within t...

Re Twah [2019] WTLR 1405

Winter 2019 #177

Allied Services Trust (A), a registered charity and authorised trust corporation, applied to be appointed as deputy for property and affairs of an incapacitated adult, TWAH. A filed evidence of its authority to act as a trust corporation, and articles, details of the regulation from the Charity Commission, and its insurance policy. The court considered the application and gave guidance on the appointment of trust corporations linked to a charity.

Held, allowing the application and appointing A as TWAH ‘s deputy:

1) Applying the guidance in Various Incapacit...

In the matter of Various Lasting Powers of Attorney [2019] WTLR 1443

Winter 2019 #177

In 15 separate applications under s23(1) Mental Capacity Act 2005 (MCA), the Public Guardian (PG) asked the court to determine the effect of language used in lasting powers of attorney which he was asked to register. Some were withdrawn, leaving 11. The common theme was that each instrument expressed an intention that the attorney use the donor ‘s assets to benefit someone other than the donor.

PS: Under the heading ‘Preferences ‘, the donor entered the words ‘The needs of [LS] before anyone else ‘. Under the heading ‘Instructions ‘, she entered the words ...

The Public Guardian v Matrix Deputies Ltd & anr [2018] WTLR 1387

Winter 2018 #170

This judgment concerned proceedings brought by the Public Guardian seeking (1) discharge of all appointments of Matrix Deputies Ltd (Matrix) and its employees DW and OM as property and affairs deputy; (2) the refusal of any pending applications; and (3) the appointment of either the local authority or a panel deputy instead.

There was ultimately no contested hearing in this matter. The appointments of OM and DW were discharged and they were discharged from proceedings with their consent. Matrix continued to contest the applications until a matter of days before the final hearing, ...

Re Various Incapacitated Persons  [2018] WTLR 1511