The Court of Protection & deputies

Contested application to approve a Deed of Variation

Before suffering from a stroke which took away their mental capacity, our client had been set to inherit under a will and was in the process of varying this inheritance – by a Deed of Variation – so that it went to an alternative beneficiary (such variations have important inheritance tax implications). This matter was complicated by an ongoing feud between the family and the step-family.

A deputyship application made by two family members was disputed by other family members and friends and our team were appointed by the Court of Protection as a panel deputy. Time was of the essence due to the two year time limit for Deeds of Variation and an urgent application was required to obtain the Court’s approval for this variation. The application became contested leading to two hearings, which the team attended in person.

The case settled on the day of the Court hearing, and the deed of variation was executed. Our client’s extensive paperwork had to be collected from their property and reviewed in order to determine the details of the available assets.

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