PP, Re

PP, Re

The PET of £324,000 to JB was not in PP's best interests, as it alters the intended devolution of her estate set out in her will, risks insufficient funds for her care, and lacks evidence of PP's wishes supporting such a gift. The court will not ratify the PET, requires partial restitution, and directs future gifts to be limited and equitable among grandchildren.

Parties
Applicant: BB; Respondent: PP
Jurisdiction
England and Wales
Judgment Date
15 May 2015
Procedural Posture
Court of Protection Application / Judgment After Final Hearing
Outcome
PET of £324,000 not ratified; partial restitution ordered; future gifting restricted; statutory codicil to be drafted; attorneyship issue deferred for further submissions.
Legal Topics
Best Interests Decision, Retrospective Ratification of Gifts, Attorney Powers Under Lasting Power of Attorney, Inheritance Tax Planning, Statutory Will/codicil
Mental Capacity Trusts and Estates Best Interests Decision Retrospective Ratification of Gifts Attorney Powers Under Lasting Power of Attorney Inheritance Tax Planning Statutory Will/codicil

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Parties

BB

Applicant

PP

Respondent

Procedural Posture

Court of Protection Application / Judgment After Final Hearing

Legal Issues

  1. 1 Should the court ratify the gift of £324,000 to JB made by PP's attorney?
  2. 2 Should further gifts made by BB be ratified?
  3. 3 Should the Octopus IHT investments be reinvested?

Ratio Decidendi

The PET of £324,000 to JB was not in PP's best interests, as it alters the intended devolution of her estate set out in her will, risks insufficient funds for her care, and lacks evidence of PP's wishes supporting such a gift. The court will not ratify the PET, requires partial restitution, and directs future gifts to be limited and equitable among grandchildren.

Court Disposition

PET of £324,000 not ratified; partial restitution ordered; future gifting restricted; statutory codicil to be drafted; attorneyship issue deferred for further submissions.

Orders

  • JB to repay £164,000 immediately to PP.
  • £160,000 used in property purchase to be brought into hotchpot for JB's share under PP's will via statutory codicil.