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26 September 2019 / Chris Williams
Issue: 7857 / Categories: Features , Wills & Probate , Mental health
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The capacity jigsaw

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
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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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