Re Jass (2010) COP 26/10/10

The donor of a property and affairs LPA included the following provision: "I hereby authorise my attorneys to give gifts on my behalf at my attorneys' discretion up to the exempt amount permitted by sections 19 (Annual Exemption), 20 (Small Gifts) and 22 (Marriage/Civil Partnership Gifts) of the Inheritance Act 1984 (or such other legislation or provision as may supersede these sections) for the time being in force." On the application of the Public Guardian the provision was severed on the ground that it contravened section 12 of the MCA 2005. [OPG summary - LPA case.]

Note

Summary from OPG website.

Title: Re Jass (an order of the Senior Judge made on 26 October 2010)

Heading: Severance of invalid restrictions relating to gifts

External link

No Bailii link (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 This is a link to an archived version of the web page (archived on 6/10/14).