[2018] WTLR 693

Wills & Trusts Law Reports | Summer 2018 #172

The applicant, TH, the donee of an enduring power of attorney for the property and 
affairs of his father, HH, applied for retrospective approval of payments and gifts 
made between 2011 and 2017 in the sums of £88,366 in favour of the applicant and 
his family, and £15,196 in favour of his brother JH, the first respondent, and his family. 
JH opposed approval of all sums save for £30,000.

HH lacked capacity and was unable to participate in any meaningful way in 
decisions about his welfare or property or affairs. He required constant care from 
August 2010. TH provided sporadic ...

Ross v A [2015] EWCOP 46

Wills & Trusts Law Reports | April 2016 #158

A, who was 18 years old, had received £5,000,000 in settlement of a claim for clinical negligence which had left her with cerebral palsy, epilepsy, cortical blindness, severe intellectual impairment and extreme behavioural problems. She lived at home with her parents and siblings. A professional with 25 years’ experience, David Ross of Simpson Millar, Solicitors, was appointed by the Court of Protection as deputy for her property and affairs. B, who was A’s brother, had not progressed at primary school as well as he could have during the build up to the trial in the High Cour...

Julia Lomas v AK (Gift Application) [2014] EWCOP B11

Wills & Trusts Law Reports | June 2015 #150

This 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...

Client Care: Clients without capacity – managing their property and affairs

In her concluding article, Araba Taylor looks at issues that arise following personal injury ‘Managing the property and affairs of incapacitated clients is best considered as an inter-disciplinary matter, where the trusts and Court of Protection expertise of the private client team can offer real support and assistance to the PI team.’ Clients without capacity …
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Re JC 11757467

Wills & Trusts Law Reports | September 2012 #122

JC had four biological children: A, B, C and D. A was born in 1942 to a 15-year old mother. He was subsequently fostered, but throughout his life always understood JC to be his father and in the forty years preceding trial had worked and been in regular contact with him. JC denied parentage of A, but paternity was conclusively established by a court authorised DNA test. B and C were born in wedlock, in 1953 and 1955 respectively. However, they first had contact with their father in or around 2006/7. Their relationships remained strained, C in particular refusing to attend the hearing as ...