header-logo header-logo

The capacity jigsaw

26 September 2019 / Chris Williams
Issue: 7857 / Categories: Features , Wills & Probate , Mental health
printer mail-detail
Chris Williams provides an update on the evidence & standard of proof required to gauge mental capacity
  • Mental capacity, whether capacity to exercise power of amendment of trust deed.
  • The level of understanding required depends on the circumstances of each case.

Whether or not a person has the requisite mental capacity to exercise a power under a trust deed is often not easy to establish. The Grand Court of the Cayman Islands had to consider this question recently in CI Trustees Ltd v RDK & GMB (2018) FSD 199 of 2015(IKJ) and the case provides useful guidance as to the standard of proof, evidence and other relevant considerations required to determine the question, often in circumstances where facts and circumstances are case specific.

Facts

Proceedings in CI Trustees Ltd v RDK and GMB (2018) FSD 199 of 2015(IKJ) Grand Court of the Cayman Islands (FSD) were started by the trustee on 9 December 2015 to determine who was the true beneficiary of a trust (the O Trust) declared by the settlor.

  • The
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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll