Intestacy - Case Study
The People
MD suffered from dementia and was in NHS care. She had a daughter who also suffered from dementia and a brother and a sister. She had never been married. A partner in Hart Brown acted as MD’s Court-appointed Deputy.
The Problem
MD had never made a Will. Under the intestacy rules, if she were to die without a Will, her estate would pass to her daughter. Her daughter would then lose her means-tested state benefits and would also require a Deputy to be appointed to deal with her financial affairs during her lifetime.
The Solution
An application was made to the Court of Protection for a Statutory Will under which MD’s estate would be left on discretionary trust. MD’s daughter would be a potential beneficiary and so funds could be advanced to her if she required them but without losing her state benefits. The trustees would manage the funds rather than a Deputy being required. On her death, the estate would be split between the families of MD’s siblings.
Who to contact
Paul Tobias
Senior Partner, Head of Trusts & Investments
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