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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The Mental Capacity Act (2005) (MCA) came into force in 2007. It is a forward thinking piece of legislation that looked to empower as far as possible people who lack mental capacity. On 13 March 2014, the House of Lords Committee published a report detailing its post-legislative scrutiny of the MCA and recommendations.
In the case of Catling and others v Catling and another ([2014] EWHC 180 (Ch)), a Will was declared invalid because the testatrix had not had mental capacity when she made it.
A brief summary of recent cases in the Court of Protection;
This case involves a millionaire who left 80% of his estate to the Vegetarian Society, despite not being a vegetarian.
Sadly, the Court of Protection has again recently been in the headlines for the wrong reasons. The much publicised case of Samantha Svendsen highlights the risk of leaving the management of a substantial award of compensation in the hands of an inexperienced family lay Deputy. The recent conviction of her mother Cathy Watson and her ex-husband Robert Hills almost brings to an end a sorry series of events. Sentencing is awaited but lengthy custodial sentences are expected.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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