ADS v DSM

ADS v DSM

The appeal is allowed because the COP judge erred in principle by failing to properly consider the impact of the Chancery Settlement Agreement, did not distinguish between allegations and facts, and failed to investigate JKS's wishes at the time of the settlement. The judge's approach to family disputes and influence was flawed, resulting in procedural unfairness and breach of natural justice.

Parties
Appellant: ADS; Respondent: DSM; Respondent: JKS (by her litigation friend the Official Solicitor); Respondent: MH
Jurisdiction
England and Wales
Judgment Date
24 May 2017
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Statutory Will, Best Interests, Capacity Assessment, Settlement Agreements, Procedural Fairness
Mental Capacity Succession Civil Procedure Statutory Will Best Interests Capacity Assessment Settlement Agreements Procedural Fairness

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Parties

ADS

Appellant

DSM

Respondent

JKS (by her litigation friend the Official Solicitor)

Respondent

MH

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Court of Protection judge erred in principle or failed to take relevant features into account in authorising a statutory will for JKS
  2. 2 The impact of the Chancery Settlement Agreement on the statutory will application
  3. 3 The proper approach to disputed family allegations and influence in assessing JKS's testamentary wishes

Ratio Decidendi

The appeal is allowed because the COP judge erred in principle by failing to properly consider the impact of the Chancery Settlement Agreement, did not distinguish between allegations and facts, and failed to investigate JKS's wishes at the time of the settlement. The judge's approach to family disputes and influence was flawed, resulting in procedural unfairness and breach of natural justice.

Court Disposition

appeal allowed

Orders

  • The appeal against the statutory will order is allowed.
  • Interim relief to be determined after further submissions.