Re Davies [2012] MHLO 184 (LPA)

The donor appointed four attorneys, A, B, C and D, to act jointly and severally, and imposed the following restriction: "The appointment of C and D shall not take effect unless I am mentally and/or physically incapable of managing my affairs and the appointment of C shall not take effect unless she has been in my employment within the period of one month preceding my loss of capacity to manage my affairs." This restriction was severed on the ground that the appointments of co-attorneys cannot be activated at different times. [OPG summary - LPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re Davies (an order of the Senior Judge made on 4 December 2012)

Listed under heading: Severance of restrictions incompatible with a joint and several appointment

External link

No Bailii link (no transcript)

Summary on OPG section of Justice website . This is a link to an archived version of the web page (archived on 6/10/14).