A Son v A Daughter [2021] NIFam 40 (30 September 2021)

A Son v A Daughter [2021] NIFam 40 (30 September 2021)

The Master was entitled and obliged to treat the email objection as an application to cancel registration, and had wide discretion to issue directions, including embargoing use of the EPA, pending further enquiry. The directions were necessary and proportionate to protect the Donor's estate.

Citation
[2021] NIFam 40
Parties
Applicant/appellant: A Son; Objector/respondent: A Daughter
Jurisdiction
Northern Ireland
Judgment Date
30 September 2021
Procedural Posture
Appeal / Judgment on Appeal Against Master's Directions Post Registration of Enduring Power of Attorney
Outcome
appeal dismissed
Legal Topics
Enduring Power of Attorney, Registration Objections, Court Powers Post Registration, Costs Orders
Family Law Mental Capacity Law Enduring Power of Attorney Registration Objections Court Powers Post Registration Costs Orders

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Parties

A Son

Applicant/appellant

A Daughter

Objector/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Master's Directions Post Registration of Enduring Power of Attorney

Legal Issues

  1. 1 Whether the Master had power to issue directions and embargo use of a registered Enduring Power of Attorney upon receiving an objection by email after registration
  2. 2 Whether the objection by email should have been treated as an appeal or as an application to cancel registration
  3. 3 Whether the Master's directions were necessary and proportionate

Ratio Decidendi

The Master was entitled and obliged to treat the email objection as an application to cancel registration, and had wide discretion to issue directions, including embargoing use of the EPA, pending further enquiry. The directions were necessary and proportionate to protect the Donor's estate.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; matter remitted to Master for further investigation and hearing.
  • Costs of both parties to be paid from Donor’s estate, capped at £500 plus VAT, contingent on Donor’s incapacity; otherwise, appellant to pay own and respondent’s costs, fixed at £500 plus VAT.