Category:Statutory will cases
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| Page and summary | Date added to site | Categories |
|---|---|---|
| LCN v KF [2019] EWCOP 1 —
Settlement of property on trust "This is an application under section 18(1)(h) of the Mental Capacity Act 2005 for the settlement of CJF's property on trust. ... By the time of the hearing it was expected that CJF would die in a matter of days. As noted earlier in this judgement, CJF died the following week. ... LCN [CJF's deputy] made an application on 20th November 2018 for the settlement of CJF's assets including his property at 1AY on revocable trust for himself during his lifetime and thereafter for 1AY to pass to EH [CFJ's daughter] and AH [EH's husband] and the residue of CJF's estate to pass to KF [CFJ's mother]. ... By the rules of intestacy, CJF's estate would be divided equally between KF and CJF's biological father, stated by KF to be BJF. This is subject to section 18 of the Family Law Reform Act 1987 which raises a rebuttable presumption that BJF pre-deceased CJF as his name did not appear on ..→ | 2019-02-05 | 2019 cases, Cases, Judgment available on Bailii, Pages using DynamicPageList3 parser function, Statutory will cases |
| NT v FS [2013] EWHC 684 (COP), [2013] MHLO 18 — "This is an application by NT ("the Deputy") for authority to execute a statutory will on behalf of FS ("F"). There is no dispute that F lacks the capacity to make such a will. There is equally no dispute that it is in his best interests that such a will be made. There are a large number of Respondents to the application each of whom are potential beneficiaries under such a will. There are, however significant disputes between them as to the provisions of such a will." | 2013-03-26 | 2013 cases, Judgment available on Bailii, No summary, Statutory will cases, Transcript |
| Re JC; D v JC [2012] MHLO 35 (COP) — JC's daughter D, who had been conceived following a post-marital rape of JC’s ex-wife and adopted by other parents very shortly after her birth, and who had never met or had any contact with JC, sought a statutory will giving her an equal share JC's £3.5m estate alongside his other children (A, B and C). (1) The criterion now for making statutory wills on behalf of adults who lack testamentary capacity is what is in their best interests rather than substituted judgment; however, best interests contains a strong element of substituted judgment. (2) The value of the 'balance sheet' approach is of doubtful effectiveness in statutory will applications, and in this case it was a struggle to identify benefits or disbenefits, but usually there is at least one factor of 'magnetic importance'. (3) In this case, the idea of being remembered with affection for having done the 'right thing' was of no assistance: 'JC has an appalling track record. He has spent his entire lifetime doing ..→ | 2012-04-28 | 2012 cases, Brief summary, Judgment available on MHLO, Neutral citation unknown or not applicable, Statutory will cases, Transcript |
| Re D (Statutory Will); VAC v JAD [2010] EWHC 2159 (Ch) — (1) There is no presumption that the Court of Protection should not direct the execution of a statutory will in any case where the validity of an earlier will is in dispute. Such an approach would tend to elevate one factor (a previous written statement) over all others, contrary to the structured decision-making process required by the MCA 2005. (2) On the facts, the doubts about the validity of the previous wills were sufficient to conclude that D's best interests would be served by the execution of a statutory will to prevent her estate being eroded, and her memory being tainted, by a bitter contested probate dispute. | 2010-08-17 | 2010 cases, Brief summary, Judgment available on Bailii, Pages using DynamicPageList3 parser function, Statutory will cases, Transcript |
| Re M; ITW v Z [2009] EWHC 2525 (Fam) — Statutory will case. | 2009-10-19 | 2009 cases, Brief summary, Judgment available on Bailii, Statutory will cases, Transcript |
| G v Official Solicitor [2006] EWCA Civ 816 — When considering a statutory will, the function of the court is to do for the patient what the patient would fairly do for herself, if she could and acting with the benefit of advice from a competent solicitor; on the facts, including the family disputes, she would have appointed the independent receiver as executor of her estate. [Caution.] | 2009-04-12 | 2006 cases, Brief summary, Judgment available on Bailii, Statutory will cases, Transcript |
| Re P (Statutory Will) [2009] EWCOP 163 —
Best interests and statutory wills The Court of Protection is not bound by the substituted judgment approach from the previous legislation, including the Mental Health Acts 1959 and 1983, but must apply the Mental Capacity Act 2005 best interests approach (the general philosophy of which is discussed). Summary from Court of Protection 2009 ReportIn the context of a statutory will application, Mr Justice Lewison considered the difference between substituted judgment and best interests, and held that the earlier law regarding the making of statutory wills, including the landmark decision of Sir Robert Megarry V-C in Re D(J) [1982] 2 All ER 37, is no longer good law because it applied a substituted judgment test. ICLRThe ICLR have kindly agreed for their WLR (D) case report to be reproduced below. For full details, see their ..→ | 2009-02-11 | 2009 cases, Cases, ICLR summary, Judgment available on Bailii, Pages using DynamicPageList3 parser function, Statutory will cases |
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The following 7 pages are in this category.
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