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18 September 2026
Issue: 8177 / Categories: Legal News , Court of Protection , Wills & Probate
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NLJ this week: Due process holds the line

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Safety fears do not automatically justify shutting an interested person out of a statutory will application

Writing in NLJ this week, Catherine Frost of Birketts LLP considers Fairweather v AG, where the Court of Protection reaffirmed that exclusion is exceptional and turns on procedural fairness, not simply the best interests of the person lacking capacity.

Statutory wills can ignite family conflict, especially where a relative is estranged or said to pose risks of harassment, intimidation or harm. But natural justice, Article 6 and Article 8 mean those affected should ordinarily be heard. The court must weigh clear, cogent evidence of risk against the excluded person’s right to participate, rather than accept one-sided allegations too readily.

Frost notes that protective instincts in welfare cases do not automatically carry across. The default remains inclusion: risks must be genuinely exceptional, and tailored safeguards may protect people without denying an affected relative their day in court.

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

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Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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