LCN v KF & Ors

LCN v KF & Ors

The court authorised the settlement of CJF’s property on trust, with 1AY to pass to EH and AH effectively free of inheritance tax, and the residue to KF, as this arrangement best reflected CJF’s likely wishes, the interests of those who cared for him, and provided security and stability for EH and AH’s family. The court found exceptional circumstances justified dispensing with service on BJF due to his lack of involvement and urgency.

Parties
Applicant: LCN; First Respondent: KF; Second Respondent: AH; Third Respondent: EH; Fourth Respondent: CJF (by his Litigation Friend, The Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
03 January 2019
Procedural Posture
Court of Protection Property and Affairs / Final Judgment on Application for Settlement of Property on Trust
Outcome
Application granted
Legal Topics
Settlement of Property, Statutory Wills, Best Interests, Inheritance Tax, Intestacy, Dispensing With Service
Mental Capacity Law Trusts and Estates Settlement of Property Statutory Wills Best Interests Inheritance Tax Intestacy Dispensing With Service

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Parties

LCN

Applicant

KF

First Respondent

AH

Second Respondent

EH

Third Respondent

CJF (by his Litigation Friend, The Official Solicitor)

Fourth Respondent

Procedural Posture

Court of Protection Property and Affairs / Final Judgment on Application for Settlement of Property on Trust

Legal Issues

  1. 1 Whether the court should authorise the settlement of CJF’s property on trust under section 18(1)(h) of the Mental Capacity Act 2005
  2. 2 How CJF’s estate should be distributed in his best interests, including the liability for inheritance tax
  3. 3 Whether to dispense with service on the biological father, BJF

Ratio Decidendi

The court authorised the settlement of CJF’s property on trust, with 1AY to pass to EH and AH effectively free of inheritance tax, and the residue to KF, as this arrangement best reflected CJF’s likely wishes, the interests of those who cared for him, and provided security and stability for EH and AH’s family. The court found exceptional circumstances justified dispensing with service on BJF due to his lack of involvement and urgency.

Court Disposition

Application granted

Orders

  • Applicant authorised and directed to execute the settlement and transfer property and funds to trustees by 4pm on 27 November 2018.
  • Costs of the parties to be paid from CJF’s estate.