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Trusts and Estates

The Mental Capacity Act 2005 and statutory wills

Within the professions, there has been a great deal of debate as to the extent that the Mental Capacity Act 2005 has changed the previous law and practice. It has now been made clear by the High Court that there has been a significant change in the way that the Court will approach the making of a will on behalf of a person who lacks testamentary capacity following the passing of the Act, Re P (2008) EWHC 163 (Ch).

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