header-logo header-logo

02 September 2010
Issue: 7431 / Categories: Case law , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll