Mental Capacity Act 2005 – Page 3

JUDGMENT DISTRICT JUDGE ELDERGILL 1) Format and headings [1] This judgment is structured under the following headings: 1) Format and headings… Page 933 2) Introduction… Page 933 3) Procedure… Page 934 4) Background facts… Page 934 5) Positions of the parties… Page 935 6) Law on mental capacity and gifts… Page 941 7) The special …

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Re DP, The Public Guardian v JM Case no: 12351387

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JUDGMENT SENIOR JUDGE LUSH [1] The practice guidance on transparency in the Court of Protection, issued by the President on 16 January 2014, requires judges to give permission for judgments to be published in ‘any case where the issues include whether a person should be restrained from acting as an attorney or a deputy or …

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Lewis v Lewis [2014] EWCA Civ 412

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JUDGMENT RICHARDS LJ: [1] This is an application by Mr Peter Lewis for permission to appeal against an order of HHJ Seys Llewellyn QC dated 6 June 2012 in a case concerning wills. The deceased, Mr Kenneth Lewis, had executed a will in 2004 in which he left his residuary estate in equal shares to …

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Simon v Byford & ors [2014] EWCA Civ 280

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JUDGMENT LEWISON LJ: [1] The issue raised on this appeal is whether the late Mrs Constance Simon who died on 15 January 2009 (a) had testamentary capacity and (b) knew and approved the contents of her will when she executed it at or immediately after her 88th birthday party on 18 December 2005. The judge …

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Markou & anr v Goodwin & ors [2013] EWHC 4570 (Ch)

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JUDGMENT NUGEE J: [1] This is the trial of a probate action. Mrs Eileen Nora Rand (née Goodwin) died on 4 November 2007 aged 79. There are two wills in contention. The claimants propound a will dated 25 June 2007 (the 2007 will) and the defendants propound a will dated 18 December 1969 (the 1969 …

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Re Po; Jo v Go & ors [2013] EWHC 3932 (COP)

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JUDGMENT SIR JAMES MUNBY: [1] PO, who is some 88 years of age, is the mother of four children: the applicant JO, her brothers GO and RO and her sister MP. It is common ground that PO lacks capacity to decide where to live. It is also common ground that, until the events which have …

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AC v DC & ors [2012] EWHC 2032 (Fam)

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JUDGMENT MOSTYN J: [1] On 2 July 2012, at the suit of the applicant (W), I set aside a transaction made by the first respondent (H) on about 2 December 2010, pursuant to s37(2) Matrimonial Causes Act 1973 (MCA 1973). That transaction was the transfer by H of his 86.24% shareholding in D (Holdings) Ltd …

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