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G v Official Solicitor

There had been no error of principle in the exercise of the nominated judge’s discretion upholding the decision of the Court of Protection to make a statutory will, in relation to a patient who lacked testamentary capacity, and to appoint a receiver as executor of that will.

14 July 2006

The appellant (G) appealed against the decision of the Court of Protection to make a statutory will and to appoint a receiver as executor of that will. The patient (M), who was 74 years’ old, lacked testamentary capacity as a result of mental illness. M had made a will in 1981 appointing G as sole executor and dividing her substantial estate equally between G and his siblings. A receiver was appointed for M in 2003. The appointment was opposed by G and there was disharmony between G and the receiver and also between G and his siblings, which created problems with the management of M’s estate. As a result, the Court of Protection made a statutory will for M in 2004 and the receiver was appointed as a professional executor. G appealed to the nominated judge objecting to his removal as sole executor. The receiver indicated that he wished to be removed as executor, but that another partner in his firm should be appointed in his place. The appeal was dismissed and the nominated judge...

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