BH v JH [2024] WTLR 391

Wills & Trusts Law Reports | Summer 2024 #195

The applicant was the deputy and brother of P, who was represented by the Official Solicitor. P had a lifelong learning disability and the presumption of capacity was displaced. The application was for the variation of a statutory will made in 2008 on behalf of P. There was no dispute as to the terms of the proposed variation or that it was in the best interests of P.

The 2008 statutory will provided for the creation of a discretionary trust for a period of two years less one day, of £1m plus P’s home (worth £600,000) and chattels, in favour of four categories of beneficiaries inc...