VAC v JAD & Ors [2010] EWCOP 2159 (16 August 2010)

VAC v JAD & Ors [2010] EWCOP 2159 (16 August 2010)

The Court of Protection may authorise a statutory will for a protected person where there is uncertainty or dispute as to the validity of recent wills, provided that, after considering all relevant circumstances and applying the structured best interests test, it is objectively in the protected person's best interests to do so. In this case, doubts about the validity of the 2004 and 2006 wills, the agreement of all parties, and the alignment of the proposed statutory will with Mrs D's earlier wishes justified the order.

Citation
[2010] EWCOP 2159
Parties
Applicant: Mrs C; Respondent (protected Person): Mrs D; Respondent: Mr D; Respondent: Mrs S
Jurisdiction
England and Wales
Judgment Date
16 August 2010
Procedural Posture
Court of Protection Statutory Will Application / Final Hearing (on Paper)
Outcome
Application granted
Legal Topics
Statutory Wills, Testamentary Capacity, Best Interests, Court of Protection Jurisdiction
Mental Capacity Wills and Probate Statutory Wills Testamentary Capacity Best Interests Court of Protection Jurisdiction

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Parties

Mrs C

Applicant

Mrs D

Respondent (protected Person)

Mr D

Respondent

Mrs S

Respondent

Procedural Posture

Court of Protection Statutory Will Application / Final Hearing (on Paper)

Legal Issues

  1. 1 Whether the Court of Protection should authorise the execution of a statutory will for a protected person where there is a dispute or uncertainty as to the validity of recent wills
  2. 2 What factors determine the protected person's best interests in the context of a statutory will

Ratio Decidendi

The Court of Protection may authorise a statutory will for a protected person where there is uncertainty or dispute as to the validity of recent wills, provided that, after considering all relevant circumstances and applying the structured best interests test, it is objectively in the protected person's best interests to do so. In this case, doubts about the validity of the 2004 and 2006 wills, the agreement of all parties, and the alignment of the proposed statutory will with Mrs D's earlier wishes justified the order.

Court Disposition

Application granted

Orders

  • Mrs D's deputy is authorised to execute a statutory will in the agreed terms on Mrs D's behalf.
  • The statutory will is to be held in safe custody by the deputy's solicitors, subject to Court directions during Mrs D's lifetime.