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Rebuilding lives after brain injury: the role of the Court of Protection
Jemma Garside
In one recent case a daughter who had fallen very far out of her father’s favour tried almost every trick in the book to have his Will declared invalid (Bateman v Overy and another ([2014] EWHC 432)).
Below is a summary on recent cases in the Court of Protection. If you should have any questions in relation to any of the issues raised, please contact a member of our team.
A Will made by someone who lacks mental capacity is not valid. Just because someone is elderly or suffering from a mental illness does not automatically mean that they lack capacity to make a Will.
The Court of Appeal has published its eagerly anticipated (by tax geeks at least) judgment in the case of HMRC v The Executors of Lord Howard of Henderskelfe (deceased) ([2014] EWCA Civ 278).
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.
Jemma Garside
Lord Carter of Haslemere CB
Nikola Southern
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