We acted 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 R's funds.
Based on the value of R's funds at the date of the application, the applicant sought amendment of R's will to increase her share of the estate by approximately 1,500%. R also wanted to halve our clients' interest in the estate and significantly reduce the interests of most of the other residuary beneficiaries.
Our clients and a number of other beneficiaries of the will objected to the application, on the basis that R 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 found in our client's favour and ordered that no amendment should be made to R's existing will. The Court also declared that R had not had capacity to make the purported lifetime gift to her attorney.