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Wills, Inheritance & Succession
Capacity & Court of Protection
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
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Course Aims:

This two-part podcast series is suitable for private client practitioners and aims to bring them up to speed with some of the latest developments in relation to a range of legal topics. It will look at some recent rulings from the Court of Protection dealing with the question of when a lasting power of attorney should be revoked and some interesting capacity cases. It considers an important decision concerning the supervising of orders authorising deprivation of liberty and two probate cases concerning the construction of a will. It also touches upon an interesting proprietary estoppel case and the issue of gifts with reservation in the context of Inheritance Tax.

After completing the course you will:
  • Understand the circumstances in which the Court of Protection will revoke a Lasting Power of Attorney;
  • Be aware of the factors that attorneys should take into account when investing a donor’s funds;
  • Understand how the Court of Protection will approach issues of capacity and best interests decisions;
  • Have considered a recent case concerning the interplay between Article 8 ECHR and deprivation of liberty safeguards under the MCA;
  • Have been brought up to speed on the continuing Dunhill v Burgin litigation;
  • Be familiar with recent probate developments including some recent cases on the construction of wills;
  • Appreciate how Bradbury v Taylor has developed the law relating to Proprietary Estoppel;
  • Appreciate the significance of the Court of Appeal’s decision regarding capacity and want of knowledge and approval in Hawes v Burgess;
  • Be aware of the increasingly generous treatment of cohabitees by the courts in family provision claims.
General Interest Difficulty: 2 of 5
Case Update
Sources and References:
  • A Local Authority v E and Others [2012] EWHC 1639, [2012] COPLR 441 (see also [2012] Eld LJ 251);
  • Attorney General v Worrall [1895] 1 QB 99;
  • Bradbury v Taylor [2012] EWCA Civ 1208 (Court of Appeal; Lloyd, Richards and Elias LJJ; 4 October 2012);
  • Buzzoni v HMRC [2012] UKUT 360 (TCC) (Upper Tribunal Tax and Chancery Chamber; Proudman J; 19 October 2012);
  • Chick v Commissioner for Stamp Duties [1958] AC 435;
  • Curati v Perdoni [2012] EWCA Civ 1381 (Court of Appeal: Pill, Munby and Tomlinson LJJ; 31 October 2012);
  • Dunhill v Burgin [2012] EWHC 3163 (QB), [2013] COPLR (forthcoming) (High Court (Queen’s Bench Division); Bean J; 9 November 2012);
  • Earl Grey v Attorney General [1900] AC 124;
  • Gill v Woodall [2010] EWCA Civ 1430;
  • Hawes v Burgess [2013] EWCA Civ 74 (Court of Appeal; Mummery and Patten LJJ and Sir Scott Baker; 19 February 2013);
  • J Council v GU and Others [2012] EWHC 3531 (COP), [2013] COPLR (forthcoming) (Court of Protection; Mostyn J; 11 December 2012);
  • Jennings v Rice [2002] EWCA Civ 159;
  • Key v Key [2010] EHWC 408 (Ch);
  • Masterman-Lister v Brutton [2003] 1 WLR 1511;
  • Musa v Holliday [2013] Fam Law 26 (Court of Appeal: Sir Nicholas Wall P, Lloyd and Sulivan LJJ; 15 October 2012);
  • Oakes, Commissioner for Stamp Duties [1954] AC 57;
  • Perdoni v Curati [2011] EWHC 3442 (Ch);
  • Re Buckley; A Public Guardian v C (Unreported) (Court of Protection; Senior Judge Lush; 22 January 2013);
  • Re Cunnington, Healing v Webb [1924] 1 Ch 68;
  • Re Dale, Meyer v Wood [1931] 1 Ch 357;
  • Re Grosvenor Hotel, London, (No 2) [1965] Ch 1210;
  • Re Harcourt; A Public Guardian v A [2013] COPLR (forthcoming);
  • Re Nichols deceased [1975] 1 WLR 534 Safeway Stores plc v Tate [2001] QB 1120;
  • Sammut v Manzi [2008] UKPC 58, [2009] 1 WLR 1834;
  • Spurling v Broadhurst [2012] EWHC 2883 (Ch) (High Court (Chancery Division); Hildyard J; 19 October 2012);
  • Suggitt v Suggitt [2012] EWCA Civ 1140;
  • The Imperial Loan Company Ltd v Stone [1892] 1 QB 599;
  • The NHS Trust v L and Others [2012] EWHC 2741 (COP); [2013] COPLR (forthcoming) (Court of Protection; Eleanor King J; 30 August 2012);
  • Warren v Bailey [2006] EWCA Civ 51;
  • Wharton v Bankroft [2011] EWHC 3250.

In this two-part private client round-up, Ruth Hughes, a Chancery barrister at 5 Stone Buildings takes a detailed look at some of the major developments in recent case law concerning probate, wills and the Court of Protection.


Date Recorded: 4th April 2013

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