F v R [2023] WTLR 137
Wills & Trusts Law Reports | Spring 2023 #190R had a lifelong significant disability and lacked capacity. His estate at the time of the application comprised income from state benefits. The total benefit income was £60,293.48 of which £52,381.60 was means-tested. R’s mother had a cousin, T, who passed away leaving their residuary estate to R absolutely. The bequest was in the region of £400,000-£600,000 which would have reduced R’s means-tested benefit entitlement to nil.
Proceedings were brought by F for approval of a deed of settlement which would result in the sum instead being left on a disabled person’s trust for the be...