Re Various Incapacitated Persons
 [2018] WTLR 1511

Wills & Trusts Law Reports | Winter 2018 #170

The 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:

  1. A. Could a trust corporation lawfully act as a deputy?
  2. B. How could a trust corporation satisfy the court that it was appropriate for it to act as deputy?
  3. C. How shou...

The Public Guardian’s Severance Applications [2017] WTLR 1145

Wills & Trusts Law Reports | Autumn 2017 #169

The Public Guardian brought various consolidated applications for severance under para 11((3) of Schedule 1 of the Mental Capacity Act 2005 (the MCA 2005) in respect of various lasting powers of attorney which were potentially unlawful or ineffective by reason of the operation of s9 MCA 2005, which provides that an LPA is not created unless it is made and registered in accordance with Schedule 1 of para 19.

Held:

  1. 1) As to MC, the donor at s7 of the LPA had instructed that ‘Any financial decisions up to the value of £150.00 c...

Re AMH [2015] EWCOP 70

Wills & Trusts Law Reports | May 2016 #159

AMH was born on 31 October 1936. She lived with her husband in Greenwich until 1999, when they retired and moved to Kent. They had three children, Audrey, Kevin, and Robbie. Robbie died in 2005. Robbie’s son Rocky lived with AMH between 1990 and 2013, and was very close to her. AMH’s husband died in 2007. AMH suffered from Lewy Body dementia, chronic obstructive pulmonary disease and epilepsy, and lived in a nursing home in Westgate-on-Sea. Her care was funded by NHS Continuing Health Care.

On 18 March 2002, AMH and her husband made mirror wills in which they left thei...

Re SH [2016] EWCOP 2

Wills & Trusts Law Reports | May 2016 #159

SH, who was aged 93, lived with her granddaughter, FJ, in Walthamstow. She had three sons, two of whom, RL and KLC, also lived in London. In April 2002, RL paid the entire purchase price for his mother’s flat and, by a trust deed, SH acknowledged that he was the beneficial owner subject to her right to live there for as long as she wished on payment of all outgoings. Six years later, on 23 April 2008, SH made two lasting powers of attorney (LPAs), one for property and affairs and one for personal welfare, whereby she appointed RL to be her sole attorney. Subsequently, on 17 July 20...