>Meek, Re

>Meek, Re

Given the estrangement from intestacy beneficiaries and egregious breach of trust by former deputies, it is not in Gladys Meek's best interests for her estate to pass to intestacy heirs or the former deputies; the statutory will should benefit the Grimshaw family and specified charities. The security bond must be called in for the full amount to redress the loss to the estate, as this is in the best interests of the protected person and consistent with the statutory scheme.

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 Application for Statutory Will and Related Orders
Outcome
Application granted
Legal Topics
Statutory Wills, Deputy Misconduct, Security Bonds, Best Interests, Intestacy, Breach of Fiduciary Duty
Mental Capacity Probate Trusts and Estates Statutory Wills Deputy Misconduct Security Bonds Best Interests Intestacy +1 more

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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 Application for Statutory Will and Related Orders

Legal Issues

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

Ratio Decidendi

Given the estrangement from intestacy beneficiaries and egregious breach of trust by former deputies, it is not in Gladys Meek's best interests for her estate to pass to intestacy heirs or the former deputies; the statutory will should benefit the Grimshaw family and specified charities. The security bond must be called in for the full amount to redress the loss to the estate, as this is in the best interests of the protected person and consistent with the statutory scheme.

Court Disposition

Application granted

Orders

  • Statutory will to be executed in terms proposed by the Official Solicitor: personal chattels to Grimshaw family, residue divided among Rachel Grimshaw, Christadelphian Care Homes, National Trust for Scotland, RSPB, and Ashbourne Animal Welfare.
  • Public Guardian to call in the full security bond of £275,000 from former deputies Janet Miller and Margaret Phyllis Johnson.