Reasonable financial provision under the I(PFD) A1975 Act is an objective test, not a subjective test as dictated by what T considers or states is reasonable under the will. In this case, T had built up his wealth in property and left an estate valued at £8.18m. He died aged 87 leaving his wife of …
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Due execution under s9 of the Wills Act must be proved without favourable presumption. T had died in 2022 from cancer aged 65, leaving his surviving wife (C) and his sister (D). Both had cared for T as he was dying and enjoyed a good relationship up to his death. However, their relationship then rapidly …
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T died in 2022 leaving no surviving spouse or children. Unfortunately, her will dated October 2014 was badly drafted and ambiguous and the PR brought a Part 8 claim for clarification. Under separate proceedings, attempts were being made to remove the executor in favour of the substitute executor named in the will. The judge Cadwallader …
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The OPG has issued new guidance on its approach to family care payments (gratuitous care payments for informal care) made by a deputy in England and Wales on behalf of P. The guidance only applies to deputies appointed by the court under a finance and property order. The OPG acknowledges that such payments can be …
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A professional deputy (Irwin Mitchell Trust Corporation) sought authority for the purchase of two properties in India on behalf of P, and to make lifetime gifts to her parents and siblings from her funds. P, now 14, suffered serious birth injuries and was left permanently brain damaged. Born in the UK, P and her family …
Continue reading “Deputies – property; jurisdiction”
The Law Society has published a new PN with detailed advice on the role of an accredited legal representative (ALR) in the CoP. It applies only where the ALR is acting for P, the subject of the proceedings where P has been joined as a party. Anyone wishing to act as an ALR must be …
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