P (Statutory Will), Re

P (Statutory Will), Re

Notification to the Attorney-General on behalf of charities is required under PD 9E as they are likely to be adversely affected by the proposed statutory will; no exceptional circumstances justify dispensing with service. Notification to carers may be dispensed with due to their advantage and to avoid disruption to P's care.

Parties
Applicant: BH; Respondent: JH; Litigation Friend: Official Solicitor
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Statutory Will Variation / Interlocutory Judgment on Procedural Notification Requirements
Outcome
Notification to the Attorney-General is required; notification to carers dispensed with.
Legal Topics
Statutory Will, Notification of Beneficiaries, Procedural Fairness, Dispensation of Service, Representation of Charitable Interests
Mental Capacity Wills and Probate Court of Protection Statutory Will Notification of Beneficiaries Procedural Fairness Dispensation of Service Representation of Charitable Interests

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Parties

BH

Applicant

JH

Respondent

Official Solicitor

Litigation Friend

Procedural Posture

Statutory Will Variation / Interlocutory Judgment on Procedural Notification Requirements

Legal Issues

  1. 1 Whether beneficiaries must be served with the application to vary the statutory will under Practice Direction 9E of the Court of Protection Rules 2017
  2. 2 Whether there are exceptional circumstances to dispense with service to beneficiaries, specifically carers and charities

Ratio Decidendi

Notification to the Attorney-General on behalf of charities is required under PD 9E as they are likely to be adversely affected by the proposed statutory will; no exceptional circumstances justify dispensing with service. Notification to carers may be dispensed with due to their advantage and to avoid disruption to P's care.

Court Disposition

Notification to the Attorney-General is required; notification to carers dispensed with.

Orders

  • Parties to file an order providing for service to the Attorney-General by 21 November 2023.
  • Matter to be re-listed for remote hearing for further directions.