The law in an LM-mess?
Following recent conflicting decisions of the England and Wales Court of Protection, Paul Levy and James McKean discuss varying a will under the Mental Capacity Act 2005
Key points
What is the issue?
Whether applications to vary outright gifts made to a vulnerable beneficiary into a vulnerable person’s trust amounts to a deliberate deprivation of capital under the relevant welfare legislation.
What does it mean for me?
Relying on applications to the England and Wales Court of Protection to vary the inheritance due to a vulnerable beneficiary is fraught with difficulties.
What can I take away?
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