LM, Re [2015] EWCOP 91 (08 December 2015)

LM, Re [2015] EWCOP 91 (08 December 2015)

It is in LM's best interests for a statutory will to be executed dividing her estate with 20% to charity and the remainder equally among her family, reflecting her wishes, the source of her estate, and the principle of community benefit.

Citation
[2015] EWCOP 91
Parties
Applicant: K; Respondent: LM
Jurisdiction
England and Wales
Judgment Date
08 December 2015
Procedural Posture
Court of Protection Statutory Will / Judgment After Contested Hearing
Outcome
Application granted in part
Legal Topics
Statutory Will, Best Interests, Testamentary Capacity, Charitable Bequest
Mental Capacity Wills and Probate Statutory Will Best Interests Testamentary Capacity Charitable Bequest

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Parties

K

Applicant

LM

Respondent

Procedural Posture

Court of Protection Statutory Will / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether a statutory will should be executed for LM
  2. 2 What distribution of LM's estate is in her best interests, including the proportion to be given to charity

Ratio Decidendi

It is in LM's best interests for a statutory will to be executed dividing her estate with 20% to charity and the remainder equally among her family, reflecting her wishes, the source of her estate, and the principle of community benefit.

Court Disposition

Application granted in part

Orders

  • Statutory will to be executed for LM: 20% of estate to charity (with family involvement in selection), remainder equally to PQ, RQ, SQ, and SQ's two daughters.
  • General rule as to costs applies.