Re AB [2013] EWHC B39 (COP)

WTLR Issue: September 2014 #142

In the matter of: AB (IN PRIVATE)

Analysis

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. Mother and daughter subsequently moved and established new lives elsewhere. AB was currently intestate and one of her property and affairs’ deputies made an application for the execution of a statutory will to be authorised on her behalf. The effect of the proposed will would be to remove PQ’s entitlement to half of AB’s estate under the intestacy rules and, if he should pre-decease her, his biological children who were her half siblings would suffer a similar loss of entitlement. The issue currently requiring determination was whether to make an order dispensing with service of the application on PQ and on his biological children.

Counsel details

Brian Bacon (Thomson Snell & Passmore, 3 Lonsdale Gardens, Tunbridge Wells, Kent TN1 1NX, tel 01892 510000, email info@ts-p.co.uk) representing Edward Fardell (Thomson Snell & Passmore, 3 Lonsdale Gardens, Tunbridge Wells, Kent TN1 1NX, tel 01892 510000, email info@ts-p.co.uk) for the applicant.


Mr Rees (5 Stone Buildings, Lincoln’s Inn, London WC2A 3XT, tel 020 7242 6201, email clerks@5sblaw.com) for the Official Solicitor as litigation friend for AB.

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