Re Noel (2011) COP 31/1/11
The donor appointed two attorneys to act jointly in some matters and jointly and severally in others. He then appointed X as replacement attorney. He directed that a decision to sell a named property " must be made jointly by all surviving attorneys including X". On the application of the Public Guardian the words "including X" were severed, as being incompatible with the manner in which the attorneys and replacement attorneys had been appointed. The court added that, to have acheived the desired objective, the donor should have appointed all three as attorneys (rather than two attorneys and a replacement) and directed them to act jointly in some matters and jointly and severally in others. [OPG summary - LPA case.]
Note
Summary from OPG website.
Title: Re Noel (an order of the Senior Judge made on 31 January 2011)
Heading: Severance of invalid restrictions as to when a replacement attorney may act
External link
No Bailii link (no transcript)