The daughter had the authority to apply for an injunction as her father had given her a Power of Attorney before developing Alzheimer’s despite his previously saying that he wanted to marry his partner.
The father drew up a Will in 2013 leaving £300,000, most of his pension and the right to live in his home for two years to his partner. His three daughters would share the rest of his £1.7million Estate. If the father remarried then his Will would be revoked by the marriage and, as he did not have capacity to prepare a new Will, he would not be able to prepare a replacement and would die intestate.
Under the Intestacy Rules his new wife would receive almost £1 million, dramatically decreasing his daughters’ shares.
Conflicting assessments as to the father’s capacity were undertaken and eventually the case was transferred to the Court of Protection. The Court of Protection are a specialist Court making decisions surrounding those with limited or no capacity in a particular area.
After a third hearing, Judge Nicholas Marston ruled the father had the capacity to marry and urged the other parties involved to 'find a way of moving forward together after this very bitter dispute'.