Re Johnston [2012] MHLO 130 (EPA)

The donor appointed two attorneys to act jointly and severally. The donor included the following restriction: "The property at [address] shall not be disposed of without the agreement of A, B and C, as children of [the donor] in addition to the attorneys." On the attorneys' application the restriction was severed as being ineffective as part of an EPA. [OPG summary - EPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re Johnston (an order of District Judge S E Rogers made on 15 October 2012)

Listed under heading: Severance of restriction fettering attorney’s authority

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Summary on OPG section of Justice website .This is a link to an archived version of the web page (archived on 6/10/14).