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02 September 2010
Issue: 7431 / Categories: Case law , Law digest
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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 could be no presumption, still less any principle of general

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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