Continue reading "Statutory wills: Standing in the testator‘s shoes"
This post is only available to members.
Statutory wills: Standing in the testator‘s shoes
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 …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67
- Ex parte Whitbread In the Matter of Hinde, a Lunatic (1816) 2 Mer 99
- Free v Hinde (1827) 2 Sim 7
- In re Quinlan 70 NJ 10 355 A2d 647 (NJ 1976)
- Re D (J) [1982] Ch 237
- Re M; ITW v Z [2009] EWCOP 2525; [2009] WTLR 1791
- Re P (Statutory Will) [2009] EWHC 163 (Ch); [2009] WTLR 651
- Superintendent of Belchertown State School v Saikewicz 370 NE 2d 417 (Mass 1977)