Re Barac [2013] MHLO 142 (LPA)

The donor made an LPA for property and financial affairs which included the following provision: "After having taken full regard for my financial welfare and security I want my attorneys to take sensible steps to protect my estate from the effects of taxation [e.g. Inheritance Tax] and be able to create Trusts where beneficial." On the application of the Public Guardian the provision was severed on the ground that it contravened section 12 of the MCA 2005. [OPG summary - LPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re Barac (an order of the Senior Judge made on 20 February 2013)

Listed under heading: Severance of invalid restrictions relating to gifts

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 This is a link to an archived version of the web page (archived on 6/10/14).