Case studies

Application to amend a statutory will

Our client was a beneficiary under a statutory will which had been executed on behalf of the patient some years previously.

The patient had suffered severe brain injuries following the birth of her son, since which she had not been capable of managing her property and affairs. Our client gave up her career to care for the patient's son and she was his primary carer for 12 years, during which time she also had a relationship with the patient's husband.

The patient received a large settlement in damages following a personal injury claim. A statutory will was executed for her under which our client was a beneficiary in recognition for her role in bringing up the patient's son.

When the relationship between our client and the patient's husband broke down, the patient's husband sought to amend the application to remove our client as a beneficiary entirely. Proceedings were issued in the Court of Protection.

We successfully resolved the matter by negotiation. As a result, the statutory will was amended to remove our client as beneficiary with her instead receiving a sum from the estate immediately in recognition of her assistance in raising the patient's son.

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Penningtons Manches Cooper LLP


Penningtons Manches Cooper LLP