fbpx

High Court Dementia Ruling – Judge Acts to Protect Widow

12th September 2017 By Arman Khosravi

Amidst an ageing population, the role of judges in protecting the weak, vulnerable and infirm is of ever increasing importance. In one case that proves the point, the High Court stepped in to set aside land transfers made by an elderly farmer with dementia in the years before his death.

The farmer was well into his 80s when he gave his land holdings to two of his sons. The gifts, which were expressed to reflect natural love and affection, included the home that he occupied with his wife. She was granted no right to remain living there or to financial support from the sons. As a result, she was left with nothing when her husband died.

The widow launched proceedings and, in setting aside the gifts, the Court ruled that the farmer lacked the mental capacity required to validly enter into the transactions. There was evidence that, by the time of the transfers, he had for some years been suffering from confusion and forgetfulness, to the extent that he sometimes failed to recognise members of his family.

The sons argued that their father had given them the land of his own free will, and the Court did reject arguments that they had brought undue influence to bear upon him. Had that been established, it would have been grounds in itself for voiding the gifts.

However, it noted that the transfers were obviously and manifestly to the disadvantage of the farmer and particularly his widow. No explanation had been offered as to why he would have done such a thing to his wife.

The widow had sadly died during the course of the proceedings, but the ruling meant that the land would revert to the farmer’s estate. In a postscript to his decision, the judge noted that the age profile in society is changing and urged particular caution on solicitors when dealing with gifts made by the elderly.

Source: Concious

Latest News

Tenants Can Purchase Freehold When Landlord Cannot Be Found

11th June, 2024 By

The Leasehold Reform, Housing and Urban Development Act 1993 gives qualifying leaseholders the right to join together to buy the freehold of their properties – a process known as collective enfranchisement. A recent case demonstrated that this right can be exercised even when the landlord cannot be found. The leaseholders of two flats in a terraced house wished to purchase it from the landlord, but were unable to ascertain his whereabouts and therefore could not serve notice on him under Section 13 of the Act. They therefore applied for an...

Court Refuses to Set Aside Divorce Order Applied for by Mistake

6th June, 2024 By

While the courts have a range of powers to set aside orders, they will only exercise them in limited circumstances. In a somewhat surprising case that has attracted much comment, the High Court declined to set aside a final order of divorce that had been applied for by mistake. A couple separated in January 2023, after more than 21 years of marriage. In October that year, while financial remedy proceedings were still ongoing, the wife's legal representatives inadvertently applied for a final order of divorce in respect of her instead...

Waiting Time for Grants of Probate Falls

3rd June, 2024 By

Following concerns last year about delays in processing probate applications, recent figures from HM Courts and Tribunals Service show that waiting times for grants of probate are continuing to improve. The average time from submission of a probate application to probate being granted fell to 11.3 weeks in March 2024, a decrease from 13.7 weeks in February and 13.8 weeks in January. This is the lowest figure since March 2023, when the average was 10.8 weeks. The longest waiting time since then was in November, at 15.8 weeks: that month,...

Late Appeal Against Tax Penalties Rejected

31st May, 2024 By

It is incumbent on taxpayers to make sure they fully comply with their obligations to file returns and pay any tax due. The point was illustrated by a recent case in which a taxpayer whose return had not been received by HM Revenue and Customs (HMRC) failed to persuade the First-tier Tribunal (FTT) that he should be permitted to appeal against the resulting penalties. On the evening of 31 January 2014, the man had completed his 2012/13 Income Tax return on HMRC's website. Shortly afterwards he went to Cyprus, and...