Jones, Re

Jones, Re

It is in Mr Jones's best interests for a statutory Will to be made appointing independent professional executors, dividing his estate approximately 75% to Mrs Jones and 25% to Ms Dawson, with Ms Dawson's share to be provided partly by lifetime gift and partly by legacy, and her entitlement to be held in trust to protect her interests. This reflects the length and quality of Mr Jones's marriage, his intention to provide for both wife and daughter, the daughter's pressing needs, and the need for tax efficiency. The onset of incapacity is not an opportunity for moral correction, but the court must avoid the arbitrary consequences of intestacy and ensure fair provision for both spouse and child.

Parties
Joint Applicant / Wife / Deputy: Susan Jones; Joint Applicant / Deputy: Roy Mathias; First Respondent / Incapacitated Person: Peter Jones; Second Respondent / Daughter: Anne Dawson
Jurisdiction
England and Wales
Judgment Date
12 November 2014
Procedural Posture
Statutory Will / Mental Capacity / Judgment After Contested Hearing
Outcome
Statutory Will authorised; lifetime gift and trust for daughter; professional deputy to be appointed; costs from estate.
Legal Topics
Statutory Will, Best Interests Test, Testamentary Capacity, Lifetime Gifts, Deputyship, Inheritance Tax, Trust Structure
Mental Capacity Law Succession Law Trusts and Estates Statutory Will Best Interests Test Testamentary Capacity Lifetime Gifts Deputyship +2 more

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Parties

Susan Jones

Joint Applicant / Wife / Deputy

Roy Mathias

Joint Applicant / Deputy

Peter Jones

First Respondent / Incapacitated Person

Anne Dawson

Second Respondent / Daughter

Procedural Posture

Statutory Will / Mental Capacity / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to authorise execution of a statutory Will for Mr Jones under the Mental Capacity Act 2005
  2. 2 Whether and how much provision should be made for Mr Jones's daughter, Ms Dawson, in the Will and/or by lifetime gift
  3. 3 Appropriate division of Mr Jones's estate between spouse and daughter

Ratio Decidendi

It is in Mr Jones's best interests for a statutory Will to be made appointing independent professional executors, dividing his estate approximately 75% to Mrs Jones and 25% to Ms Dawson, with Ms Dawson's share to be provided partly by lifetime gift and partly by legacy, and her entitlement to be held in trust to protect her interests. This reflects the length and quality of Mr Jones's marriage, his intention to provide for both wife and daughter, the daughter's pressing needs, and the need for tax efficiency. The onset of incapacity is not an opportunity for moral correction, but the court must avoid the arbitrary consequences of intestacy and ensure fair provision for both spouse and child.

Court Disposition

Statutory Will authorised; lifetime gift and trust for daughter; professional deputy to be appointed; costs from estate.

Orders

  • Statutory Will to be executed leaving legacy of £650,000 (less any lifetime gift) to trustees of the Ms Dawson Trust, residue to Mrs Jones.
  • Deputy authorised to pay £200,000 to Ms Dawson Trust as lifetime gift for her accommodation needs.