APPLICATIONS BY THE GUARDIAN OF P [2012] ScotSC 108 (23 November 2012)

APPLICATIONS BY THE GUARDIAN OF P [2012] ScotSC 108 (23 November 2012)

The court granted the application to add powers to deal with additional property but refused the application to authorise a codicil revoking a bequest, finding no clear evidence that P would have wished to disinherit her sister N and that the proposed change would not benefit P as required by the statutory principles.

Citation
[2012] ScotSC 108
Parties
Applicant/guardian: Guardian of P; Adult With Incapacity: P; Sister of P/interested Party: N
Jurisdiction
Scotland
Judgment Date
23 November 2012
Procedural Posture
Application Under Adults With Incapacity (scotland) Act 2000 / Application to Vary Guardianship Order and to Authorise Codicil to Will
Outcome
First application granted; second application refused.
Legal Topics
Guardianship, Variation of Powers, Testamentary Capacity, Conflict of Interest, Discretionary Trusts
Mental Capacity Law Wills and Succession Trusts and Estates Guardianship Variation of Powers Testamentary Capacity Conflict of Interest Discretionary Trusts

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Guardian of P

Applicant/guardian

P

Adult With Incapacity

N

Sister of P/interested Party

Procedural Posture

Application Under Adults With Incapacity (scotland) Act 2000 / Application to Vary Guardianship Order and to Authorise Codicil to Will

Legal Issues

  1. 1 Whether to grant additional powers to guardian to deal with newly discovered heritable property and timeshare
  2. 2 Whether to authorise guardian to execute a codicil revoking a specific bequest in the adult's will

Ratio Decidendi

The court granted the application to add powers to deal with additional property but refused the application to authorise a codicil revoking a bequest, finding no clear evidence that P would have wished to disinherit her sister N and that the proposed change would not benefit P as required by the statutory principles.

Court Disposition

First application granted; second application refused.

Orders

  • Powers to deal with additional heritable property and timeshare granted to guardian.
  • Authority to execute codicil revoking bequest refused.