Sangha v Sangha & ors [2022] WTLR 1561
Wills & Trusts Law Reports | Winter 2022 #189The late Hartar Singh Sangha (Mr Sangha) died on 3 September 2016, leaving a complex family life and a large portfolio of property and other assets in both the UK and India. He had made a large number of wills at various times. The interaction of these instruments produced significant disputes among his family members. Mr Sangha had at some times during his life regarded himself as married to the first respondent (Diljit). At other points, he regarded himself as married to the appellant (Jaswinder).
Four wills made by Mr Sangha were placed before the court. These were as follows:<...
Equiom (Isle of Man) Ltd & ors v Velarde & ors [2022] WTLR 109
Wills & Trusts Law Reports | Spring 2022 #186Under a settlement made in 1974 by the deceased’s father, the deceased became the life tenant of a fund, over which property she had a power of appointment exercisable in favour of her children by deed revocable or irrevocable, or by will. In 1981, by a deed of appointment with effect from her death, the deceased appointed the fund between her three children. By a deed of revocation in 1997, expressed to be supplemental to the settlement and the 1981 deed of appointment, with effect from her death, the fund was appointed on trust for only two of her three children. The deceased made her ...
Equiom (Isle of Man) Ltd & ors v Velarde & ors [2021] WTLR 855
Wills & Trusts Law Reports | Autumn 2021 #184The claimants were the trustees of a settlement settled by the deceased’s father. The defendants were the deceased’s three children. Under the terms of the settlement the deceased enjoyed a special power of appointment which could be exercised in respect of property described in the fund, whether by deeds revocable or irrevocable or by will or codicil. The deceased had exercised this power twice. First, by a deed of appointment in 1981, with effect from her death, the deceased appointed the fund between the three defendants. Second, by a deed of revocation in 1997, expressed to be supple...
Re RM [2016] EWCOP 25 (Fam)
Wills & Trusts Law Reports | September 2016 #162In 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 ARL [2015] EWCOP 55
Wills & Trusts Law Reports | November 2015 #154This was an application by the public guardian (OPG) for the revocation of a lasting power of attorney (LPA) for property and financial affairs.
ARL was born in 1929 and has resided in a nursing home since 5 September 2012. On 23 August 2012 she executed an LPA for property and financial affairs, appointing her adopted son (ICL) and her adopted daughter (JJT) jointly and severally as her attorneys. The LPA was registered on 30 October 2012.
On 18 July 2014, concerns were raised with the OPG regarding ICL’s management of ARL’s property and financial affairs. The ...
Re OL [2015] EWCOP 41
Wills & Trusts Law Reports | November 2015 #154OL was born on 15 November 1937. Her husband died in 1993. She had three children: an elder son (ES) who is 53, a daughter (DA) aged 51 and a younger son (YS) aged 48.
OL used to live in a maisonette in Stockwell, London. In 2010, DA moved in with OL ostensibly to look after her. In 2011, OL was diagnosed with vascular dementia and on 17 July 2013 she suffered a stroke. According to ES, OL scored 8 out of 30 on a mini mental state examination on 21 August 2013, suggesting that she had severe cognitive impairment at that time.
On 19 October 2013, OL executed a lasting power ...
Public Guardian v SR & NC [2015] EWCOP 32 (Fam)
Wills & Trusts Law Reports | July/August 2015 #151MC was born on 8 October 1937. Her husband died in 2004. She had two children: a son (NC) and a daughter (SR) aged 54 and 49 respectively.
On 12 June 2009, MC executed a lasting power of attorney (LPA) for property and affairs appointing NC and SR jointly and severally as her attorneys. The LPA was registered on 24 September 2009.
In October 2011, MC made a will leaving 95% of her estate to SR and the remaining 5% to NC. In March 2013, SR placed MC’s house on the market. NC suspected that SR was mismanaging MC’s affairs and on 22 April 2013 entered a restriction...
Re PC; Public Guardian v AC & JC [2014] EWCOP 41
Wills & Trusts Law Reports | April 2015 #148PC 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. In June 2013, an application to the Court of Protection was made by the Public Guardian (OPG) for an order revoking the LPA, and directing them to account to the OPG for their dealings under the LPA. The OPG had been informed that the attorneys had not been paying their mother’s care fees and that arrears had accumulated...