Bagguley v E [2019] EWCOP 49

Wills & Trusts Law Reports | Spring 2020 #178

The claimant was the Property and Affairs Deputy for the defendant (E). The claimant applied for authority for buccal cell samples to be taken from E for the purposes of DNA testing to establish whether E was the father of three adults (D, P, and A).

E was expected to die within the year though his health was not currently critical ([28]). The procedure for collecting the sample was probably no more intrusive than assisting E to clean his teeth.

Earlier DNA tests were undertaken on E’s instructions in 1991. They indicated a 99.9% probability of paternity, provided no close ...

PBM v TGT [2019] EWCOP 6

Wills & Trusts Law Reports | 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. However, it was not agreed whether PBM should be told of the extent of his assets, or whether he had capacity to decide that question.

An expert psychiatrist gave evidence that PBM did have...

PBC v JMA [2018] EWCOP 19

Wills & Trusts Law Reports | Winter 2019 #177

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. JMA ‘s total assets were estimated to be worth around £18,650,000, held in the form of investments and five paintings.

JMA was 72 years old, suffered from early onset dementia, and required full time care. She was unable to converse and did not recognise PBC or her care staff. It was agreed (and found) that she did not have...

In the matter of Various Lasting Powers of Attorney [2019] EWCOP 40

Wills & Trusts Law Reports | Winter 2019 #177

In 15 separate applications under s23(1) Mental Capacity Act 2005 (MCA), the Public Guardian (PG) asked the court to determine the effect of language used in lasting powers of attorney which he was asked to register. Some were withdrawn, leaving 11. The common theme was that each instrument expressed an intention that the attorney use the donor ‘s assets to benefit someone other than the donor.

PS: Under the heading ‘Preferences ‘, the donor entered the words ‘The needs of [LS] before anyone else ‘. Under the heading ...

The Public Guardian vs IT & Ors [2015] EWCOP 10

Wills & Trusts Law Reports | Spring 2019 #174

PMB [2014] EWCOP 42

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James v James [2018] EWHC 43 (Ch)

Wills & Trusts Law Reports | Winter 2018 #170

The deceased was a self-made man who had operated a farming business and a haulage company in partnership with his wife (the third defendant) and his son (the claimant). Over the course of his life, he purchased a number of parcels of agricultural land in Dorset. In 2007 he gave two of these parcels to one of his daughters (the first defendant). In 2009 the partnership dissolved, and the deceased transferred one of the parcels to himself and the third defendant to hold jointly. At the same time the claimant was given one of the parcels and the haulage business.

The deceased died i...

Mental Capacity Act 2005: A balancing act

Iain Managhan examines recent case law on the capacity test to revoke a lasting power of attorney ‘Although the respondent was capable of understanding the information relevant to the decision to revoke the lasting power of attorney (LPA), and was able to retain this information and communicate her decision, she was not able to use …
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Re Paw [2015] EWCOP 57

Wills & Trusts Law Reports | December 2015 #155

This was the application by ARW for an order appointing himself and two others, SJ and BQ, jointly to be deputies for property and financial affairs of his wife PAW who was unable to make decisions relating to her property. SJ and BQ were relatives of PAW who were close to her. ARW’s health had deteriorated since the application had been made and he was suffering from dementia.

The application was opposed by IW, one of ARW and PAW’s sons. IW objected to ARW being a deputy on the basis that he could not remember continuity of facts. IW objected to SJ on the basis sh...

Mental Capacity Act 2005: The real cost of professional deputyships

Christine Bunting and Huw Ponting explain the need for a tailored approach ‘Deputyship costs can amount to many hundreds of thousands of pounds in the case of a young person with a good life expectancy, so they will form an important part of the schedule of loss.’The introduction of the Mental Capacity Act 2005 (MCA) …
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