ITW v Z & Ors

ITW v Z & Ors

It is not in M's best interests for Z to be a beneficiary due to significant change in circumstances, prior receipt of large sums, and serious findings of misconduct. Provision for PM and charities is appropriate, reflecting M's settled past wishes. No legacy for J, as M consistently expressed he did not need it.

Parties
Applicant: ITW; First Respondent: Z; Second Respondent: M (by her litigation friend the Official Solicitor to the Senior Courts of England and Wales); Third Ninth Respondents: Various Charities
Jurisdiction
England and Wales
Judgment Date
12 October 2009
Procedural Posture
Application / Final Judgment on Statutory Will
Outcome
Application granted; statutory will authorised excluding Z and J, with provision for PM and charities.
Legal Topics
Statutory Will, Best Interests, Testamentary Capacity, Undue Influence, Fiduciary Duty
Mental Capacity Succession Trusts and Estates Statutory Will Best Interests Testamentary Capacity Undue Influence Fiduciary Duty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

ITW

Applicant

Z

First Respondent

M (by her litigation friend the Official Solicitor to the Senior Courts of England and Wales)

Second Respondent

Various Charities

Third Ninth Respondents

Procedural Posture

Application / Final Judgment on Statutory Will

Legal Issues

  1. 1 Whether the court should authorise a statutory will for M under the Mental Capacity Act 2005
  2. 2 Whether Z should be excluded as a beneficiary
  3. 3 Appropriate provision for PM and charities

Ratio Decidendi

It is not in M's best interests for Z to be a beneficiary due to significant change in circumstances, prior receipt of large sums, and serious findings of misconduct. Provision for PM and charities is appropriate, reflecting M's settled past wishes. No legacy for J, as M consistently expressed he did not need it.

Court Disposition

Application granted; statutory will authorised excluding Z and J, with provision for PM and charities.

Orders

  • Deputy authorised to execute statutory will for M in terms proposed, excluding Z and J.
  • PM to receive a legacy of 10% of the gross estate after deduction of inheritance tax, expenses and debts.