In an exciting first year, the Royal Court's examination of
this developing area of law has been useful for international
estate planning and reassuring to practitioners, says Donna
Withers, Head of Probate and Wills, Bedell Cristin.
The Capacity and Self-Determination (Jersey) Law 2016 had its
first birthday recently and it has already been examined in several
cases before the Royal Court. The following is a summary of the
themes emerging from this body of case law in its infancy.
Best interests checklist
An overarching principle of the Capacity Law provides that any
decision made on behalf of an incapacitated person must be made in
their best interests, which is then set out in a checklist of
factors.
