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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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