Whittaker v Hancock & Ors

Whittaker v Hancock & Ors

The claimant, as attorney under a valid and registered lasting power of attorney for property and financial affairs, has standing to be substituted as personal representative for the second defendant, who lacks capacity, because the LPA is sufficiently wide to cover the second defendant's interest as sole beneficiary. The administration of the estate has been unreasonably delayed by the third defendant's caveat, and there are no substantive grounds to oppose the substitution. The caveat should be removed and the administration proceed.

Parties
Claimant: Janet Ann Whittaker; First Defendant: Christine Hancock; Second Defendant: Margaret Ann Parker; Third Defendant: Linda Ann Davidson
Jurisdiction
England and Wales
Judgment Date
14 December 2018
Procedural Posture
Probate/administration of Estate / Judgment After Contested Application for Substitution of Personal Representative
Outcome
Claim allowed
Legal Topics
Substitution of Personal Representative, Standing Under Lasting Power of Attorney, Removal of Caveat, Administration of Estate
Probate Trusts and Estates Substitution of Personal Representative Standing Under Lasting Power of Attorney Removal of Caveat Administration of Estate

Case Brief

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Parties

Janet Ann Whittaker

Claimant

Christine Hancock

First Defendant

Margaret Ann Parker

Second Defendant

Linda Ann Davidson

Third Defendant

Procedural Posture

Probate/administration of Estate / Judgment After Contested Application for Substitution of Personal Representative

Legal Issues

  1. 1 Whether the claimant as attorney under a lasting power of attorney has standing to be substituted as personal representative for the second defendant
  2. 2 Whether the caveat entered by the third defendant should be removed
  3. 3 Whether the administration of the estate should proceed with the claimant and first defendant as personal representatives

Ratio Decidendi

The claimant, as attorney under a valid and registered lasting power of attorney for property and financial affairs, has standing to be substituted as personal representative for the second defendant, who lacks capacity, because the LPA is sufficiently wide to cover the second defendant's interest as sole beneficiary. The administration of the estate has been unreasonably delayed by the third defendant's caveat, and there are no substantive grounds to oppose the substitution. The caveat should be removed and the administration proceed.

Court Disposition

Claim allowed

Orders

  • The claimant is appointed as substitute personal representative in place of the second defendant.
  • The third defendant's caveat is removed.