In FL v MJL (By His Litigation Friend, the Official Solicitor) [2019] EWCOP 31, an application was made to the Court of Protection to ratify gifts that had been previously made on MJL’s behalf, and also for authority to make prospective gifts on MJL’s behalf. MJL’s brother, FL, was appointed as Deputy pursuant to the Orders dated 21 July 2008 and 23 January 2012. The Official Solicitor acted as MJL’s Litigation Friend in the proceedings.

MJL is unmarried and has no children, and also has four siblings, who each have their own children. His estate was valued in excess of £17 million. MJL receives care funding from the NHS, and as a result has an annual surplus of over £100,000.00.

A Statutory Will was executed in 2010, in which FL and RL, MJL’s siblings, were appointed as executors. The estate was to be divided up as follows; 60% split equally between MJL’s siblings, with the remainder of the estate to be divided equally between several organisations, including Oxfam, Amnesty International, and War on Want.

FL, the Applicant, made an application to the Court authorising the retrospective authorisation of previous gifts made by FL as Deputy, including Christmas gifts to MJL’s siblings, as well as gifts to the Labour Party, The Red Banner, and Charter 88, continuing the standing orders set up by MJL when had capacity. FL also requested authority to make gifts in the future to the taxable and charitable beneficiaries under MJL’s will, however the Official Solicitor did not agree with the proposals.

The Official Solicitor instead proposed that a gift of £1,184,387.00 be made from MJL’s estate, to be split equally between the siblings and the charitable beneficiaries in the ratio agreed in the Statutory Will (60% between the siblings, and 40% to the charities). They also proposed that gifts be made in the future from MJL’s surplus income in the same proportions as above. It was believed that the gifts would be beneficial to MJL in respect of reducing inheritance tax.

It was agreed between the parties that MJL could afford to make the proposed gifts. The Judge agreed with the proposals made by the Official Solicitor, and also noted that the standing orders set up by MJL when he had capacity should continue and were in MJL’s best interests.