J (A Protected Party), Re

J (A Protected Party), Re

It is in J's best interests for a statutory will to be executed leaving three quarters of her 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. This reflects J's wishes, the history of property transfers, and the need for fairness given the restoration of assets to J.

Parties
Applicant/deputy: Maurice Hackenbroch; Respondent/protected Party: J (A Protected Party); Second Respondent/son of J: A; Son of J: D
Jurisdiction
England and Wales
Judgment Date
18 November 2016
Procedural Posture
Court of Protection Statutory Will and Property Transfer / Judgment
Outcome
Application granted in part
Legal Topics
Statutory Will, Best Interests, Capacity Assessment, Undue Influence, Property Transfer
Mental Capacity Wills and Probate Statutory Will Best Interests Capacity Assessment Undue Influence Property Transfer

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Parties

Maurice Hackenbroch

Applicant/deputy

J (A Protected Party)

Respondent/protected Party

A

Second Respondent/son of J

D

Son of J

Procedural Posture

Court of Protection Statutory Will and Property Transfer / Judgment

Legal Issues

  1. 1 Whether a statutory will should be made for J and on what terms
  2. 2 Whether a transfer of land adjoining Y Road should be authorised

Ratio Decidendi

It is in J's best interests for a statutory will to be executed leaving three quarters of her 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. This reflects J's wishes, the history of property transfers, and the need for fairness given the restoration of assets to J.

Court Disposition

Application granted in part

Orders

  • Authority granted to execute a statutory will 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