Henderson v Wilcox [2015] EWHC 3469 (Ch)

Wills & Trusts Law Reports | April 2016 #158

The claimant had been convicted of the manslaughter of his mother (the deceased). He had a low IQ though there was no clear medical view that he suffered from a mental disorder. However, he had not argued that he was unfit to plead and he had not raised a defence of diminished responsibility. He was sentenced to be detained in hospital under s37 of the Mental Health Act 1983. He was detained in a medium security establishment, and it was considered unlikely that he will ever be fit for discharge.

The deceased’s house did not form part of her estate. It had ...