Re Wheatley (2011) COP 31/1/11

The donor of a property and affairs LPA included the following provision in the guidance section; "My attorneys will continue to make contributions to my grandchildrens' Child Trust Funds and any other saving/pension plans that I fund for their benefit." On the application of the Public Guardian the provision was severed on the ground that it contravened section 12 of the MCA 2005. ALthough expressed as guidance, it was more in the nature of a direction. [OPG summary - LPA case.]


Summary from OPG website.

Title: Re Wheatley (an order of the Senior Judge made on 31 January 2011)

Heading: Severance of invalid restrictions relating to gifts

External link

No Bailii link (no transcript)

Summary on OPG website