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James – Statutory Wills Case

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James – Statutory Wills Case

James was born with a severe learning disability and following a road traffic accident later in his life, was left tetraplegic.

James was awarded a lump sum and annual periodic payments as a result of his personal injury claim.

James lived a reclusive life with his parents until their death. James remains living in the family home with a 24 hour care package in place most are long term carers.

James’ only remaining family are two siblings who visit him regularly. James’ estate is sizable (in excess of £700,000) and would attract inheritance tax. This justifies having professional executors however, neither of James’ siblings wished to act as executor.

It was felt that a Statutory Will would be in James’ best interests, even though the intestate beneficiaries would be the same as those under a Will, as it formalised everything and provided piece of mind for him and his family.

The Will also provides for a generation skip should James’s brother predecease him as he is single with no children.

Following discussions with the Official Solicitor, the proposed Will was approved by the Court of Protection as being in James’ best interests.

Written by

image of Ruth Meyer

Ruth Meyer

Partner and Head of Court of Protection

Ruth advises on setting up and running all types of Court of Protection deputyships and trusts for children and adults but has a particular specialism in those who have suffered severe brain injury and disability from medical negligence or a personal injury which gives rise to a claim.

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