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Family Law

The leading authority on all aspects of family law

09 JUL 2012

PROPERTY AND AFFAIRS:Re JDS; KGS v JDS [2012] EWHC 302 (COP), [2012] COPLR 383

(Court of Protection, Senior Judge Lush, 19 January 2012)

The man, who suffered from cerebral palsy due to birth complications, received a personal injury settlement from the local health authority of £2.09m. His professional deputy applied for permission to transfer a part of the sum into a trust in order to save substantial amounts of inheritance tax for the benefit of his parents following his death.

The court dismissed the application on the basis that it would not be in the best interests of the man. If the settlement were calculated correctly then upon the man’s death there would be no remainder of money as it would have been necessarily exhausted on his care needs during his lifetime. That was the purpose for which the compensation was intended.

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