Acting for two residuary beneficiaries of a Will, where another of the beneficiaries (who was also an attorney under an LPA) had applied to the Court of Protection for a statutory will, ratification of a lifetime gift and ratification of the payment of expenses from J's funds. 

Based on the value of J's funds at the date of the application, the Applicant sought amendment of J's will to increase her share of the estate by approximately 1,500%, whilst halving our clients' interest in the estate and significantly reducing the interests of most other residuary beneficiaries. 

Our clients and a number of other beneficiaries objected to the application, on the basis that J did not have capacity to make significant lifetime gifts or express any testamentary wishes. After hearing oral arguments at a one day hearing, the Court of Protection ordered that no amendment should be made to J's existing Will and that J had not had capacity to make the purported lifetime gift.