
Richard developed cerebral palsy at birth as a result of negligent medical care given to his mother when she was in labour. The clinical negligence team at Alexander Harris successfully brought a claim against the health authority and obtained compensation for Richard. This was received when he was about 18 years old
However, when Richard was only a few years old, his mum and dad split up and they both met new partners. Over time, Richard's dad saw less and less of him, until they barely had any contact at all. Richard's mum and stepfather provided all of his care.
Richard did not have the mental ability to make a Will. Had he died without doing so, all his compensation would have been divided equally between his mum and dad. This would have included his home, in which they lived, because this was bought with his money.
Whilst nobody begrudged giving Richard's dad something when Richard died, it seemed unfair he should get one half of Richard's assets, when he had cut off all contact with Richard.
A specialist Wills solicitor got a Will approved on Richard's behalf by the Court of Protection. It guaranteed that Richard's mum could stay in the house when he died, and gave a small share of his compensation to his father.
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