PBM v TGT [2019] EWCOP 6

WTLR Issue: Autumn 2019 #176

PBM sought to marry his fiancée and take charge of his property and affairs. TGT, his property and affairs deputy, obtained a caveat against the marriage under the Marriage Act 1949 and sought directions from the Court. It was eventually agreed that PBM had capacity to marry, to make a will and to enter into a prenuptial agreement but that he lacked capacity to manage his property and affairs...

LCN v KF Neutral citation: [2019] EWCOP 1

WTLR Issue: Summer 2019 #175

CJF was a thirteen year old boy who suffered very serious neurological damage at birth. He was initially cared for by his mother, KJF, but she had also suffered complications as a result of CJF’s birth, so he ended up being cared for by a foster parent, LR under a Special Guardianship order...

FL v MJL [2019] EWCOP 31

WTLR Issue: Winter 2019

The Applicant, who was the sole deputy for property and affairs of his brother MJL, made an application for

(i) ratification of small gifts previously made on behalf of MJL and

(ii) authority to make prospective substantial gifts on behalf of MJL...

PBC v JMA [2018] EWCOP 19

WTLR Issue: Winter 2019

This was an application by the applicant, PBC, the son and attorney under a lasting power of attorney of the patient, JMA, to authorise various gifts exceeding £7m in value. The purpose of the gifts was to achieve a reduction in inheritance tax (IHT) liability...

SAD & Anr v SED
 [2017] EWCOP 3

WTLR Issue: Winter 2018 #170

The 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...

Re Various Incapacitated Persons
 Neutral citation: [2018] EWCOP 3

WTLR Issue: 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...