Re Burdock [2012] MHLO 96 (LPA)

The donor made an LPA for property and financial affairs and included the following guidance: "(1) If the house is sold I intend to pay off Z's student loan completely. (2) I also intend to give my three daughters, or their issue, as follows: X £30,000, Y £30,000, Z £50,000. (3) The remainder to be used for my care and needs." On the application of the Public Guardian the provision was severed as it gave the attorneys greater gift making powers than are permitted under section 12 of the MCA 2005. [OPG summary - LPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re Burdock (an order of the Senior Judge made on 2 July 2012)

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 This is a link to an archived version of the web page (archived on 6/10/14).