Re DMM [2018] WTLR 1263

Wills & Trusts Law Reports | Winter 2018 #170

DMM suffered from Alzeimer’s Disease. He wanted to marry his long term partner SD. EJ, one of DMM’s three daughters, brought an application for a declaration as to whether DMM had capacity to marry.

Held:

  1. 1) The fact that a new marriage revokes a will was information a person should be able to understand, retain use and weight to have capacity to marry.
  2. 2) Expert evidence had been produced concluding that DMM Had capacity to marry because he did understand his will would be revoked and the financial position of his three daughters would be af...

Re RM [2016] EWCOP 25 (Fam)

Wills & Trusts Law Reports | September 2016 #162

In 2014 Roy and his wife had each executed a Lasting Power of Attorney (‘LPA’) for property and financial affairs in which they appointed their spouse, son (Philip), and daughter (Sue) jointly and severally to be their attorneys and an LPA for health and welfare in which they appointed Sue to be their sole attorney. Roy’s wife died in August 2015 following which the Office of the Public Guardian (‘OPG’) received a complaint about Sue’s conduct and opened a formal investigation. A Court of Protection (‘CoP’) general visitor visited both Roy ...

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...