A recent case saw the law surrounding statutory wills
examined.
A statutory will is a will made on behalf of someone who lacks
the necessary capacity to do so themselves by application to the
Court of Protection.
In the case of Re D (statutory will), the Court of Protection
considered what principles should be applied in determining whether
to order the execution of a statutory will for and on behalf of a
person who lacked the mental testamentary capacity to do so.
The Court of Protection held that under the Mental Capacity Act
it can authorise a statutory will on the grounds that the validity
of an earlier will is in dispute. Decisions taken on behalf of a
mentally incapacitated adult must be taken in his or her best
interests. This can include being remembered for having done the
'right thing' in his or her will. In this case the judge
ruled that the 'right thing' meant ensuring Mrs D's
memory was not 'tainted by the bitterness of a contested
probate dispute
