References: [1990] 1 Ch 647, [1990] 2 WLR 1219
Coram: Vinelott J
Ratio: The claimant had worked for the deceased for many years. The deceased gave her nephew an enduring power of attorney which was in due course registered. The nephew dismissed the claimant. The claimant said he had worked for many years at a very low rate of pay on promises from the deceased that he would be rewarded in her will, and sought provision from the estate.
Held: There was no power for the court to give a direction to sastisfy a moral rather than a strictly legal duty. The claim failed.
Statutes: Enduring Powers of Attorney Act 1985 8(2)(b)(i)
This case is cited by:
- Cited – In Re the Estate of Marjorie Langdon Cameron (Deceased); Peter David Phillips v Donald Cameron and Others ChD (Gazette 21-Apr-99, Times 02-Apr-99, Gazette 28-Apr-99)
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 . .
(This list may be incomplete)
Last Update: 19 February 2017
Ref: 194467
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