Barnaby v Johnson [2019] EWHC 3344 (Ch)

WTLR Issue: Spring 2020

Mrs Maudlin Bascoe (T) died on 29 August 2015. Cs sought to prove a will dated 27 April 2005 (the 2005 will) naming them as executors. C1 was T’s son. C2 was T’s former solicitor and the draftsman of her wills from 1988 2005. D was T’s daughter...

The Public Guardian’s Severance Applications [2017] EWCOP 10

WTLR Issue: Autumn 2017 #169

The Public Guardian brought various consolidated applications for severance under para 11((3) of Schedule 1 of the Mental Capacity Act 2005 (the MCA 2005) in respect of various lasting powers of attorney which were potentially unlawful or ineffective by reason of the operation of s9 MCA 2005, which provides that an LPA is not created unless it is made and registered in accordance with Schedule 1 of para 19...

Re AMH [2015] EWCOP 70

WTLR Issue: 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...

Aster Healthcare Limited v The Estate of Mohammad Shafi [2014] EWHC 77 (QB)

WTLR Issue: April 2016 #158

This was an appeal from a decision to grant summary judgment to the claimant (C) in a claim against the defendant (D) for outstanding care home fees.

C is a company that owns and runs care homes registered under the Care Standards Act 2000 including a residential nursing home in Southall specialising in caring for elderly persons suffering from dementia (the Home)...

Re PC; Public Guardian v AC & JC [2014] EWCOP 41

WTLR Issue: April 2015 #148

PC was born in 1936. She suffered from vascular dementia and Alzheimer’s disease. In June 2009, she had executed an LPA for property and affairs, appointing her sons, AC and JC, as her attorneys jointly and severally. The LPA was registered on 12 August 2009...

Re AB [2013] EWHC B39 (COP)

WTLR Issue: September 2014 #142

AB was a young adult who had suffered a brain injury. She lived with her mother, stepfather and stepbrother. PQ was her father, whose whereabouts were unknown. In the past he had been physically violent and sectioned. AB’s mother had terminated her relationship with PQ and, apart from occasional contact visits, he had not seen his daughter for years...

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

WTLR Issue: March 2014 #137

PO was 88 years of age and lacked capacity to decide where she should live. She had four children, the applicant (JO), and the first, second and third respondents (GO, RO and MP). GO and RO were PO’s attorneys for property and affairs but no power of attorney or deputyship order was extant for welfare decisions...

Pearce v Beverley [2013] EWHC 2627 (Ch)

WTLR Issue: January/February 2014 #136

John Pearce (Mr Pearce) died on 23 July 2008. His daughter, the claimant, challenged the validity of a will purportedly made by Mr Pearce on 20 June 2007 (the will) on grounds of lack of capacity and want of knowledge and approval, and also challenged a number of lifetime transactions said to be procured by the defendant’s undue influence...