It may be likely that more than one kind of provision may be described as what the donor of the power of attorney ‘might be expected to provide’. ‘I observe that the statute, recognising the difficulty of arriving at any certainty in these matters, says ‘might’ rather than ‘would be expected to provide’. In matters of detail there must be a range of choices which would be equally valid’.
References: [1991] 3 All ER 866
Judges: Hoffmann J
Statutes: Enduring Powers of Attorney Act 1985
Jurisdiction: England and Wales
This case is cited by:
- Cited – In Re the Estate of Marjorie Langdon Cameron (Deceased); Peter David Phillips v Donald Cameron and Others ChD 24-Mar-1999
One of the testatrix’s children was thought to be profligate, and had failed to maintain his own son. Acting under an enduring power of attorney, the testatrix’s attorneys made a substantial gift in establishing an educational trust for that son’s . .
(Gazette 21-Apr-99, Times 02-Apr-99, Gazette 28-Apr-99)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194468
