ITW v Z & Ors [2009] EWHC 2525 (Fam) (12 October 2009)

ITW v Z & Ors [2009] EWHC 2525 (Fam) (12 October 2009)

It is not in M's best interests to include Z as a beneficiary under her statutory will, given the fundamental change in circumstances, Z's prior receipt of substantial funds, his ongoing claims, and his failure to comply with court orders. The statutory will should reflect M's long-standing wishes to benefit charities and her neighbour PM, with no provision for Z or J.

Citation
[2009] EWHC 2525
Parties
Applicant (m's Deputy): ITW; First Respondent (former Carer): Z; Second Respondent (the Patient): M (by her litigation friend the Official Solicitor to the Senior Courts of England and Wales); Respondents (beneficiaries): Various Charities (Third – Ninth Respondents)
Jurisdiction
England and Wales
Judgment Date
12 October 2009
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Final Hearing on Application for Statutory Will
Outcome
Application granted. Statutory will authorised in terms proposed by the Deputy, excluding Z and J as beneficiaries.
Legal Topics
Statutory Wills, Best Interests, Testamentary Capacity, Undue Influence, Deputy Powers
Mental Capacity Law Wills and Probate Statutory Wills Best Interests Testamentary Capacity Undue Influence Deputy Powers

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Parties

ITW

Applicant (m's Deputy)

Z

First Respondent (former Carer)

M (by her litigation friend the Official Solicitor to the Senior Courts of England and Wales)

Second Respondent (the Patient)

Various Charities (Third – Ninth Respondents)

Respondents (beneficiaries)

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Final Hearing on Application for Statutory Will

Legal Issues

  1. 1 Whether a statutory will should be authorised for M under the Mental Capacity Act 2005
  2. 2 Whether Z should be excluded as a beneficiary
  3. 3 How M's estate should be distributed in her best interests

Ratio Decidendi

It is not in M's best interests to include Z as a beneficiary under her statutory will, given the fundamental change in circumstances, Z's prior receipt of substantial funds, his ongoing claims, and his failure to comply with court orders. The statutory will should reflect M's long-standing wishes to benefit charities and her neighbour PM, with no provision for Z or J.

Court Disposition

Application granted. Statutory will authorised in terms proposed by the Deputy, excluding Z and J as beneficiaries.

Orders

  • Deputy authorised to execute statutory will for M in specified terms: legacy to PM, residue to nine named charities, no provision for Z or J.
  • No provision for Z or his family under the statutory will.