NT v FS & Ors

NT v FS & Ors

The court authorised the execution of a statutory will for FS, finding that it was in his best interests to provide 35% of the estate to N, 43% to K, and 22% to the S family (with specified shares among them), with substitution clauses as appropriate. The court also authorised a gift of £50,000 to FS's mother and an annuity for her from the S family's share, considering the close relationships, contributions to FS's wealth, and the need to provide for dependants. The 1986 will was considered but not treated as determinative due to changes in circumstances.

Parties
Applicant: NT; First Respondent: FS (by his litigation friend the Official Solicitor); Second Respondent: KE; Third Respondent: CE; Fourth Respondent: NB; Fifth Respondent: IS; Sixth Respondent: QS; Seventh Respondent: BN; Eighth Respondent: LU; Ninth Respondent: TS (by her litigation friend Steven Appleton)
Jurisdiction
England and Wales
Judgment Date
26 March 2013
Procedural Posture
Statutory Will and Gift Application / Judgment After Contested Hearing
Outcome
Application granted in part
Legal Topics
Statutory Wills, Best Interests, Gifts by Deputies, Inheritance Provision
Mental Capacity Law Succession Law Statutory Wills Best Interests Gifts by Deputies Inheritance Provision

Case Brief

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Parties

NT

Applicant

FS (by his litigation friend the Official Solicitor)

First Respondent

KE

Second Respondent

CE

Third Respondent

NB

Fourth Respondent

IS

Fifth Respondent

QS

Sixth Respondent

BN

Seventh Respondent

LU

Eighth Respondent

TS (by her litigation friend Steven Appleton)

Ninth Respondent

Procedural Posture

Statutory Will and Gift Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the court should authorise the execution of a statutory will for FS and on what terms
  2. 2 Whether the Deputy should be authorised to make a gift of £50,000 to FS's mother

Ratio Decidendi

The court authorised the execution of a statutory will for FS, finding that it was in his best interests to provide 35% of the estate to N, 43% to K, and 22% to the S family (with specified shares among them), with substitution clauses as appropriate. The court also authorised a gift of £50,000 to FS's mother and an annuity for her from the S family's share, considering the close relationships, contributions to FS's wealth, and the need to provide for dependants. The 1986 will was considered but not treated as determinative due to changes in circumstances.

Court Disposition

Application granted in part

Orders

  • Deputy authorised to execute a statutory will for FS with 35% to N, 43% to K, and 22% to the S family (6.25% each to I, Q, B; 3.25% to L), with substitution clauses as appropriate.
  • Deputy authorised to make a gift of £50,000 to FS's mother (T) within 3 months.