J (A Protected Party), Re [2016] EWCOP 52 (18 November 2016)

J (A Protected Party), Re [2016] EWCOP 52 (18 November 2016)

It is in J's best interests for a statutory will to be executed leaving three quarters of the residuary estate to D (and his issue if he predeceases J) and one quarter to A (and his issue if he predeceases J), and for a 50% beneficial interest in the land adjoining Y Road to be transferred to DSM, as this reflects J's consistently expressed wishes, the context of prior property transfers, and the need for fairness and finality.

Citation
[2016] EWCOP 52
Parties
Applicant/deputy: Maurice Hackenbroch; Protected Party: J (A Protected Party); Second Respondent/son of J: A; Son of J: D; Interested Party/great Nephew: DSM
Jurisdiction
England and Wales
Judgment Date
18 November 2016
Procedural Posture
Court of Protection Application / Judgment on Application for Statutory Will and Transfer of Land
Outcome
Application granted in part
Legal Topics
Statutory Will, Best Interests, Capacity Assessment, Undue Influence, Division of Estate
Mental Capacity Wills and Probate Property Law Statutory Will Best Interests Capacity Assessment Undue Influence Division of Estate

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Parties

Maurice Hackenbroch

Applicant/deputy

J (A Protected Party)

Protected Party

A

Second Respondent/son of J

D

Son of J

DSM

Interested Party/great Nephew

Procedural Posture

Court of Protection Application / Judgment on Application for Statutory Will and Transfer of Land

Legal Issues

  1. 1 Whether a statutory will should be executed for J and on what terms
  2. 2 Whether a transfer of land adjoining Y Road to DSM is in J's best interests

Ratio Decidendi

It is in J's best interests for a statutory will to be executed leaving three quarters of the residuary estate to D (and his issue if he predeceases J) and one quarter to A (and his issue if he predeceases J), and for a 50% beneficial interest in the land adjoining Y Road to be transferred to DSM, as this reflects J's consistently expressed wishes, the context of prior property transfers, and the need for fairness and finality.

Court Disposition

Application granted in part

Orders

  • Authority granted to execute a statutory will for J leaving 75% of the residuary estate to D (and his issue) and 25% to A (and his issue)
  • Authority granted to transfer 50% of the beneficial interest in the land adjoining Y Road to DSM