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In the matter of Joan Treadwell deceased

Lynsey Colman reviews recent case law about wills and capacity

4 October 2013

Senior Judge Lush has made another significant decision about gifting by a deputy following on from the case of Re GM in April. This case looks again at what forms a reasonable level of gifting and the importance of a previous will as evidence of a person’s wishes.

Lush SJ also considered the Court of Protection’s jurisdiction once the person that lacks capacity dies.

Joan Treadwell was born in 1926. She had five children, including Colin Lutz, from her first marriage; four grandchildren; and two great-grandchildren. Her third marriage, in 1984, was to William Treadwell, who died in 2007. William had two daughters.

Joan was...

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