Evans v Evans & anr [2020] WTLR 1231
Wills & Trusts Law Reports | Winter 2020 #181The claimant was married to the deceased, and was the sole beneficiary of the deceased’s estate. The claimant, who suffered from motor neurone disease and lacked capacity, was represented by her litigation friend, her daughter. The defendants were the executors of the deceased’s estate, and were the sons of the deceased and the claimant, and the brothers of the claimant’s litigation friend.
In contested probate proceedings, the claimant sought, inter alia, an order removing the defendants as executors of the deceased’s estate and the appointment of an independent administrator.
Re LMS [2020] WTLR 1345
Wills & Trusts Law Reports | Winter 2020 #181The applicant was the mother and an attorney of LMS, a 21 year old who had been assessed on 11 July 2020 as lacking capacity to make financial decisions. LMS’s grandfather had died, having made a will under which 30% of his residuary estate was held in trust for LMS contingently on attaining the age of 25. LMS was in receipt of a means-tested benefit, Employment and Support Allowance, and her placement in a specialist residential college was funded by the local authority, the residential component of which was also means tested. Her right to receive those means-tested benefits would ceas...
Re D 576 of 2005
Wills & Trusts Law Reports | December 2012 #125Mrs D had lost her mental capacity and a committee of guardians was appointed by the court to look after her financial affairs including her interest as primary beneficiary of a Cayman Islands family trust. Before she lost capacity Mrs D entered into a settlement agreement (the peace accord) with her family, settling many years of litigation in the Cayman Islands. Two of the committee of guardians (the other members of the committee were conflicted by reason of their own interest in the settlement agreement) applied to the Grand Court under the Mental Health Law (1997 Revision) ...