ITW v Z & Ors

ITW v Z & Ors

It is not in M's best interests for Z to be a beneficiary under her will due to significant changes in circumstances, prior receipt of substantial funds, and his conduct. Provision should be made for PM and the charities as per M's pre-2004 intentions, with no legacy for J, reflecting M's consistent wishes and the absence of dependency or need.

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 Application
Outcome
Application granted; statutory will authorised excluding Z and J, providing for PM and charities.
Legal Topics
Statutory Will, Testamentary Capacity, Best Interests, Fiduciary Duty, Undue Influence
Mental Capacity Wills and Probate Statutory Will Testamentary Capacity Best Interests Fiduciary Duty Undue Influence

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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 Application

Legal Issues

  1. 1 Whether the court should authorise a statutory will for M under section 18(1)(i) of the Mental Capacity Act 2005
  2. 2 Whether Z should be excluded as a beneficiary under M's will
  3. 3 Appropriate disposition between PM, charities, and J

Ratio Decidendi

It is not in M's best interests for Z to be a beneficiary under her will due to significant changes in circumstances, prior receipt of substantial funds, and his conduct. Provision should be made for PM and the charities as per M's pre-2004 intentions, with no legacy for J, reflecting M's consistent wishes and the absence of dependency or need.

Court Disposition

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

Orders

  • Statutory will to be executed in terms proposed by Deputy, excluding Z and J.
  • PM to receive a legacy of 10% of the gross estate after deduction of inheritance tax, expenses, and debts.