Denzil Lush makes the case for the return of substituted judgment ‘Exercising substituted judgment – whereby I sought to stand in the testator‘s shoes and authorise the execution of the will that they would make, if they had testamentary capacity – seemed a more realistic, relevant and reverential process than my experiences under the Mental …
Continue reading "Statutory wills: Standing in the testator‘s shoes"
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Ruth Hughes explores the notion of ‘doing the right thing’ in a will ‘In the absence of evidence to the contrary the court was entitled to assume that P would want to put their affairs in order by making a will and that they would want to do the right thing and not leave their …
Continue reading "Wills: The prodigal daughter?"
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Wills & Trusts Law Reports | December 2012 #125Mrs D had lost her mental capacity and a committee of guardians was appointed by the court to look after her financial affairs including her interest as primary beneficiary of a Cayman Islands family trust. Before she lost capacity Mrs D entered into a settlement agreement (the peace accord) with her family, settling many years of litigation in the Cayman Islands. Two of the committee of guardians (the other members of the committee were conflicted by reason of their own interest in the settlement agreement) applied to the Grand Court under the Mental Health Law (1997 Revision) ...
Re G (TJ) has valuable lessons on the role of substituted judgment in statutory wills and gifts, as David Rees outlines ‘The judgment in Re G (TJ) is clearly important as it recognises that the old “substituted judgment” approach still has a role to play when determining P’s best interests under the MCA 2005.’The Court …
Continue reading "Court Of Protection: Giving it away"
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