Meek, Re [2014] EWCOP 1 (10 April 2014)

Meek, Re [2014] EWCOP 1 (10 April 2014)

The court held that it was not in Gladys Meek's best interests to benefit the intestacy beneficiaries or the former deputies due to irretrievable family rifts and serious breaches of trust. The statutory will should benefit Rachel Grimshaw (Barbara Meek's god-daughter) and specified charities reflecting Gladys Meek's values and relationships. The security bond of the former deputies should be called in to compensate the estate for losses caused by their misconduct.

Citation
[2014] EWCOP 1
Parties
Applicant: Hugh Adrian Scott Jones; First Respondent: Jason Parkin; Second Respondent: Margaret Lynne Parkin; Third Respondent: Janet Miller; Fourth Respondent: Margaret Phyllis Johnson; Fifth Respondent: Gladys Meek (by her litigation friend, the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
10 April 2014
Procedural Posture
Court of Protection Property and Affairs / Judgment on Statutory Will Application and Related Directions
Outcome
Application granted in full
Legal Topics
Statutory Wills, Deputy Misconduct, Security Bonds, Best Interests, Intestacy, Charitable Bequests
Mental Capacity Law Trusts and Estates Statutory Wills Deputy Misconduct Security Bonds Best Interests Intestacy Charitable Bequests

Case Brief

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Parties

Hugh Adrian Scott Jones

Applicant

Jason Parkin

First Respondent

Margaret Lynne Parkin

Second Respondent

Janet Miller

Third Respondent

Margaret Phyllis Johnson

Fourth Respondent

Gladys Meek (by her litigation friend, the Official Solicitor)

Fifth Respondent

Procedural Posture

Court of Protection Property and Affairs / Judgment on Statutory Will Application and Related Directions

Legal Issues

  1. 1 Whether the court should authorise a statutory will for Gladys Meek and determine its beneficiaries
  2. 2 Whether the court should direct the calling in of the security bond of former deputies
  3. 3 Whether the conduct of former deputies should be referred to the police

Ratio Decidendi

The court held that it was not in Gladys Meek's best interests to benefit the intestacy beneficiaries or the former deputies due to irretrievable family rifts and serious breaches of trust. The statutory will should benefit Rachel Grimshaw (Barbara Meek's god-daughter) and specified charities reflecting Gladys Meek's values and relationships. The security bond of the former deputies should be called in to compensate the estate for losses caused by their misconduct.

Court Disposition

Application granted in full

Orders

  • Statutory will to be executed for Gladys Meek, excluding intestacy beneficiaries and former deputies, and benefiting Rachel Grimshaw and specified charities as set out in the judgment.
  • The Public Guardian is directed to call in the security bond of the former deputies to the extent of £250,000 to compensate the estate.