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Re Bloom [2012] MHLO 44 (LPA)

The donor of a property and financial affairs LPA included the following direction: "I direct my attorneys to use such of my capital and income as they shall at their discretion deem necessary to make provision for my wife's maintenance and benefit." The Public Guardian asked the court to sever either the entire direction or just the words "and benefit". The court severed only the words "and benefit" on the ground that they contravened section 12 of the MCA 2005. The order recited that the donor had a common law duty to make provision for his wife's maintenance. [OPG summary - LPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re Bloom (an order of the Senior Judge made on 16 March 2012)

Listed under heading: Severance of invalid restrictions relating to gifts

External link

Not on Bailii - no transcript

Summary on OPG section of Justice website†. This is a link to an archived version of the web page (archived on 6/10/14).