Re Wealleans (2008) COP 8/5/08

The witness had not stated her address in the instrument, as required by Regulation 3(1) of the Enduring Powers of Attorney (Prescribed Form) Regulations 1990. On the application of the attorney the court declared pursuant to MCA Schedule 4 paragraph 2(4) that the EPA was “procedurally valid”. [Paragraph 2(4) provides that, if an instrument differs in an immaterial respect in form or mode of expression from the prescribed form it is to be treated as sufficient in point of form and expression]. [OPG summary - EPA case.]


The summary above is taken from the OPG website. It is listed under the heading "Whether the instrument was validly executed" as "Re Wealleans (an order of District Judge S E Rogers made on 8 May 2008)".

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Summary on OPG section of Justice website .This is a link to an archived version of the web page (archived on 6/10/14).