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02 September 2010
Issue: 7431 / Categories: Case law , Law digest
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Mental health

Re D (statutory will) [2010] EWHC 2159 (Ch), [2010] All ER (D) 102 (Aug)

Even if all relevant parties consented to the terms of the proposed statutory will, that could not be conclusive because the execution of a will for a protected person was a decision which had to be made by the court itself, and could not be entrusted to a deputy.

In determining whether to order the execution of a statutory will for and on behalf of a person who lacked capacity, the court had to act in that person’s “best interests”. That concept was explained in s 4 of the Mental Capacity Act 2005, which required the court to consider all the relevant circumstances and, in particular, to apply a structured decision making process. The concerns identified by the district judge were factors which the court could take into account when deciding whether to order the execution of a statutory will; and they might, in an appropriate case, lead the court to conclude that it should not exercise its power to do so. However, there

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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