NT v FS & Ors [2013] EWCOP 684 (26 March 2013)

NT v FS & Ors [2013] EWCOP 684 (26 March 2013)

The statutory will must reflect FS's best interests, considering his relationships, the contributions of family members, and the significant changes since the 1986 will. The court awards 35% of the estate to N, 43% to K, and 22% to the S family, with a gift of £50,000 to T and an annuity provision for T from the S family's share if she survives FS beyond four years. The 1986 will is relevant but not determinative.

Citation
[2013] EWCOP 684
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
Court of Protection Application / Judgment After Contested Hearing
Outcome
Application granted in part
Legal Topics
Statutory Wills, Best Interests, Gifts by Deputy, Inheritance Provision, Mental Capacity Act 2005
Mental Capacity Wills and Probate Statutory Wills Best Interests Gifts by Deputy Inheritance Provision Mental Capacity Act 2005

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

Court of Protection Application / Judgment After Contested Hearing

Legal Issues

  1. 1 What are the appropriate terms of a statutory will for FS, who lacks capacity?
  2. 2 Should the Deputy be authorised to make an immediate gift of £50,000 to FS's mother?

Ratio Decidendi

The statutory will must reflect FS's best interests, considering his relationships, the contributions of family members, and the significant changes since the 1986 will. The court awards 35% of the estate to N, 43% to K, and 22% to the S family, with a gift of £50,000 to T and an annuity provision for T from the S family's share if she survives FS beyond four years. The 1986 will is relevant but not determinative.

Court Disposition

Application granted in part

Orders

  • Deputy authorised to execute a statutory will for FS in the terms set out: 35% to N, 43% to K, 22% to the S family (I, Q, B, L) with specified shares and substitution clauses.
  • Deputy authorised to make an immediate gift of £50,000 to T (FS's mother) within 3 months.