In the matter of D (Capacity) 12-Mar-2021 [2021] JRC 070 (12 March 2021)

In the matter of D (Capacity) 12-Mar-2021 [2021] JRC 070 (12 March 2021)

D lacks capacity to manage his property and affairs except for a new current account, and E and F are suitable as joint delegates given the close family context and D's express wishes; the scope of delegation is defined to ensure clarity for third parties and proper estate administration.

Citation
[2021] JRC 070
Parties
Applicant: E; Applicant: F; Subject: D; Respondent: Attorney General; Executrix: Advocate Clare Nicolle; Amicus Curiae: Advocate Blackmore
Jurisdiction
Jersey
Judgment Date
12 March 2021
Procedural Posture
Capacity Determination and Delegate Appointment / Final Judgment
Outcome
E and F appointed as joint delegates for D's property and affairs, with defined scope and reporting requirements.
Legal Topics
Appointment of Delegates, Capacity Assessment, Estate Administration
Mental Capacity Probate Family Law Appointment of Delegates Capacity Assessment Estate Administration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

E

Applicant

F

Applicant

D

Subject

Attorney General

Respondent

Advocate Clare Nicolle

Executrix

Advocate Blackmore

Amicus Curiae

Procedural Posture

Capacity Determination and Delegate Appointment / Final Judgment

Legal Issues

  1. 1 Whether D lacks capacity to manage extraordinary financial matters
  2. 2 Appropriate scope and definition of delegation
  3. 3 Proper administration of inherited estates

Ratio Decidendi

D lacks capacity to manage his property and affairs except for a new current account, and E and F are suitable as joint delegates given the close family context and D's express wishes; the scope of delegation is defined to ensure clarity for third parties and proper estate administration.

Court Disposition

E and F appointed as joint delegates for D's property and affairs, with defined scope and reporting requirements.

Orders

  • E to transfer estate monies from joint account back to estate account within seven days of maturity.
  • E to furnish Judicial Greffier with estate accounts within three months or upon completion of administration.