Biria v Biria & ors [2024] WTLR 785

Wills & Trusts Law Reports | Autumn 2024 #196

The deceased passed away aged 97 on 21 January 2022. On 1 May 2020 he had purported to execute a will. At that time there were extant proceedings before the Court of Protection seeking an assessment of his capacity to manage his own affairs and expressing concern that he was being exploited by two of his children (the first and second defendants). On 24 April 2020 the Court of Protection made a declaration that there was reason to believe he lacked capacity to manage his own affairs and ordered an assessment.

The claimant was another of the deceased’s children and had been express...