Re Bratt (2009) COP 14/4/09

The donor appointed two attorneys, A and B, to act jointly and severally, and directed that "B is only to act as attorney in the event of A being physically or mentally incapable of acting in this capacity". On the application of the Public Guardian this provision was severed as being inconsistent with a joint and several appointment. The Senior Judge added that, to have achieved the desired objective, the donor should instead have appointed B to be a replacement attorney. (OPG summary.)

Note

The summary above is taken from the OPG website. It is listed under the heading "Severance of restrictions incompatible with a joint and several appointment" as "Re Bratt (an order made by the Senior Judge on 14 September 2009)".

External link

Not on Bailii - there was no written judgment

Summary on OPG website