12 June 2008
Scammell v Farmer [2008] EWHC 1100 (Ch), [2008] All ER (D) 296 (May)
Sections 16 to 18 of the Mental Capacity Act 2005 (MCA 2005) concern the power of the court to authorise the making of wills on behalf of people who lack testamentary capacity. The question of whether or not a particular testator had capacity when a will was made does not fall within the scope of MCA 2005. Rather, the question of capacity at the time a will was made falls to be determined under existing common law principles.
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