Evans v Evans & anr [2020] WTLR 1231
Wills & Trusts Law Reports | Winter 2020 #181The claimant was married to the deceased, and was the sole beneficiary of the deceased’s estate. The claimant, who suffered from motor neurone disease and lacked capacity, was represented by her litigation friend, her daughter. The defendants were the executors of the deceased’s estate, and were the sons of the deceased and the claimant, and the brothers of the claimant’s litigation friend.
In contested probate proceedings, the claimant sought, inter alia, an order removing the defendants as executors of the deceased’s estate and the appointment of an independent administrator.
The Public Guardian v Matrix Deputies Ltd & anr [2018] WTLR 1387
Wills & Trusts Law Reports | Winter 2018 #170This 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
Wills & Trusts Law Reports | Winter 2018 #170The court was asked to consider the applications, made on behalf of 36 incapacitated persons, to appoint a trust corporation as their property and affairs deputy. There was currently no agreed system through which the court could know that any particular trust corporation was suitable to be appointed as deputy, nor a ‘panel’ of approved trust corporations.
The following questions arose:
- A. Could a trust corporation lawfully act as a deputy?
- B. How could a trust corporation satisfy the court that it was appropriate for it to act as deputy?
- C. How shou...
Re A [2016] EWCOP 3
Wills & Trusts Law Reports | May 2016 #159C wished to stand down as deputy for her aunt A, and a professional deputy be appointed in her place. The application was opposed by D, who was A’s nephew and C’s cousin.
A was 78 and was a member of a titled family. She suffered from schizophrenia and had undergone a frontal leucotomy in 1962. In 1959, A’s sister B had been appointed to be the committee of her person and of her estate. B subsequently became A’s receiver, and later her deputy for property and affairs. In 2012, B wished to stand down and for her daughter C to be appointed in her place. This ...
Re H [2015] EWCOP 52
Wills & Trusts Law Reports | December 2015 #155This was an application to appoint successive deputies for a young woman aged 26, ‘H’. Section 19(5) Mental Capacity Act authorises the appointment of successive deputies.
H was an only child and lived with her parents F and M, both of whom were in their 50s. H was diagnosed autistic when she was five, and her cognitive function and adaptive skills were in the extremely low range. She had very limited communication skills.
In August 2014, her parents applied to be joint and several deputies for property and affairs and personal welfare. They also applie...
Re Paw [2015] EWCOP 57
Wills & Trusts Law Reports | December 2015 #155This was the application by ARW for an order appointing himself and two others, SJ and BQ, jointly to be deputies for property and financial affairs of his wife PAW who was unable to make decisions relating to her property. SJ and BQ were relatives of PAW who were close to her. ARW’s health had deteriorated since the application had been made and he was suffering from dementia.
The application was opposed by IW, one of ARW and PAW’s sons. IW objected to ARW being a deputy on the basis that he could not remember continuity of facts. IW objected to SJ on the basis sh...
Julia Lomas v AK (Gift Application) [2014] EWCOP B11
Wills & Trusts Law Reports | June 2015 #150This was an application by the deputy of an 11 year-old boy (AK) for a gift of £150,000 to be made by him to his parents from the damages awarded to AK under a settlement of a clinical negligence claim brought by his mother acting as his litigation friend against the local NHS Trust in 2009.
AK was born in October 2002 and suffers from cerebral palsy as a result of a prolonged period of hypoxia at the time of his birth. In 2009, the High Court approved a settlement in his favour of the clinical negligence claim. The settlement included a lump sum payment of £1,050,000 plus the fol...
Re PC; Public Guardian v AC & JC [2014] EWCOP 41
Wills & Trusts Law Reports | April 2015 #148PC was born in 1936. She suffered from vascular dementia and Alzheimer’s disease. In June 2009, she had executed an LPA for property and affairs, appointing her sons, AC and JC, as her attorneys jointly and severally. The LPA was registered on 12 August 2009. In June 2013, an application to the Court of Protection was made by the Public Guardian (OPG) for an order revoking the LPA, and directing them to account to the OPG for their dealings under the LPA. The OPG had been informed that the attorneys had not been paying their mother’s care fees and that arrears had accumulated...
Re GM 11843118
Wills & Trusts Law Reports | June 2013 #130The applicants, GM’s deputies for property and affairs, sought retrospective approval of various gifts they had made from GM’s funds to themselves, their family and friends and also to several charities. Additionally, they sought retrospective approval of their purported deputyship expenses.
From GM’s estate, which amounted to just under £500,000 at the time of their appointment, it was found that the applicants had made gifts totalling £231,259.50, £55,856 and £48,396.50 of which were made respectively to themselves. £57,352 had been donated to nine charities.