RE D (STATUTORY WILL) [2010] EWHC 2159
OCTOBER 1ST 2010 | 11:54 TAGS:
The Mental Capacity Act 2005 requires those acting for persons who have lost capacity to make decisions in the best interests of the person lacking capacity. In situations where a statutory Will is requested the Court is in danger of encouraging numerous applications where the main issue is the validity of a new Will made when there was doubt about testamentary capacity or concern as to undue influence. This case sets out the applicable principles to be applied when authorising a Deputy to execute a statutory Will.
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