Whittaker v Hancock & ors [2019] WTLR 1043
Wills & Trusts Law Reports | Autumn 2019 #176By his Will dated 23 September 2003 (”Will”) John Sidney Parker (”Testator”) appointed as his executrices the First and Second Defendants. The sole beneficiary of his estate was his second wife, the Second Defendant. She had been obliged to leave the family home to be cared for by her daughter, the Claimant. On 29 October 2013 the Second Defendant executed a Lasting Power of Attorney (”LPA”) in favour of the Claimant and this was registered on 16 January 2014. The Second Defendant, who had been diagnosed with triple dementia, subsequently moved into full time residential care. The Testat...
PCB v JMA & ors [2018] WTLR 961
Wills & Trusts Law Reports | Autumn 2018 #173
JMA, who was aged 72 years, suffered from early onset dementia and lived in a care home which she paid for privately. She no longer had the capacity to take decisions about making gifts and the medical evidence suggested that she would only live for a further 3 to 5 years. The applicant was a son by her first marriage; her daughter having died in January 2009. JMA inherited from her last husband, who died in January 2010, his entire estate which was derived from the sale of businesses which had realised approximately £11m. The applicant was appointed sole attorney under a L...
SAD & anr v SED [2018] WTLR 1439
Wills & Trusts Law Reports | Winter 2018 #170The respondent, who had a history of mental health problems, made a lasting power of attorney (‘LPA’) for property and financial affairs on 1 April 2014 appointing as attorneys her mother and her two daughters, the latter of whom were the applicants. It was then registered by the Office of the Public Guardian. On 25 September 2015 the respondent executed a deed, which had been prepared by a solicitor whom she had not previously instructed, revoking the LPA. Its registration was subsequently cancelled by the Office of the Public Guardian. On 4 December 2015 the applicants made an applicat...
Re RM [2016] EWCOP 25 (Fam)
Wills & Trusts Law Reports | September 2016 #162In 2014 Roy and his wife had each executed a Lasting Power of Attorney (‘LPA’) for property and financial affairs in which they appointed their spouse, son (Philip), and daughter (Sue) jointly and severally to be their attorneys and an LPA for health and welfare in which they appointed Sue to be their sole attorney. Roy’s wife died in August 2015 following which the Office of the Public Guardian (‘OPG’) received a complaint about Sue’s conduct and opened a formal investigation. A Court of Protection (‘CoP’) general visitor visited both Roy ...
Re ARL [2015] EWCOP 55
Wills & Trusts Law Reports | November 2015 #154This was an application by the public guardian (OPG) for the revocation of a lasting power of attorney (LPA) for property and financial affairs.
ARL was born in 1929 and has resided in a nursing home since 5 September 2012. On 23 August 2012 she executed an LPA for property and financial affairs, appointing her adopted son (ICL) and her adopted daughter (JJT) jointly and severally as her attorneys. The LPA was registered on 30 October 2012.
On 18 July 2014, concerns were raised with the OPG regarding ICL’s management of ARL’s property and financial affairs. The ...
Re OL [2015] EWCOP 41
Wills & Trusts Law Reports | November 2015 #154OL was born on 15 November 1937. Her husband died in 1993. She had three children: an elder son (ES) who is 53, a daughter (DA) aged 51 and a younger son (YS) aged 48.
OL used to live in a maisonette in Stockwell, London. In 2010, DA moved in with OL ostensibly to look after her. In 2011, OL was diagnosed with vascular dementia and on 17 July 2013 she suffered a stroke. According to ES, OL scored 8 out of 30 on a mini mental state examination on 21 August 2013, suggesting that she had severe cognitive impairment at that time.
On 19 October 2013, OL executed a lasting power ...
Re XZ [2015] EWCOP 35
Wills & Trusts Law Reports | November 2015 #154XZ was a high-net-worth individual with properties in several countries. On 4 December 2013 he executed a lasting power of attorney (LPA) for property and financial affairs, by which he appointed three attorneys. They were to act jointly in relation to all decisions in connection with the sale and purchase of any real estate and the sale or purchase of any other asset with a value in excess of CDN $3m. Otherwise they were to act jointly and severally in relation to all other decisions. The LPA had been carefully drafted with the assistance of Speechly Bircham, Solicitors. In particular, ...
Public Guardian v CT & EY [2014] EWCOP 51
Wills & Trusts Law Reports | October 2015 # 153CT was born in 1929. He has a wife and two children: a son and a daughter (EY).
On 19 May 2013, CT suffered a stroke, which resulted in left hemiplegia and impaired vision. He was admitted to hospital where he was diagnosed as having vascular dementia.His stroke precipitated a rift within his family, with CT and his daughter aligned on one side and his wife and son on the other.
On 18 June 2013, CT executed a lasting power of attorney (LPA) for property and affairs appointing EY as his attorney and another person as a replacement attorney and named nobody to be given notice...
Public Guardian v SR & NC [2015] EWCOP 32 (Fam)
Wills & Trusts Law Reports | July/August 2015 #151MC was born on 8 October 1937. Her husband died in 2004. She had two children: a son (NC) and a daughter (SR) aged 54 and 49 respectively.
On 12 June 2009, MC executed a lasting power of attorney (LPA) for property and affairs appointing NC and SR jointly and severally as her attorneys. The LPA was registered on 24 September 2009.
In October 2011, MC made a will leaving 95% of her estate to SR and the remaining 5% to NC. In March 2013, SR placed MC’s house on the market. NC suspected that SR was mismanaging MC’s affairs and on 22 April 2013 entered a restriction...
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...