Morgan J did not think it a relevant consideration when setting the terms of a statutory will under the 2005 Act, that the patient should be remembered for having done the right thing. Under the new arrangements of the Act, the making of the gift and/or the terms of the will are not being made by P but by the court. Furthermore, insofar as there is a dispute between family members, the unsuccessful members are not likely to think that he had done the right thing.
Judges:
Morgan J
Citations:
[2011] WTLR 231
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – NT v FS and Others CoP 26-Mar-2013
An application was made for a statutory will for the patient. The court considered how it should approach competing suggestions as to the provisions to be included.
Held: The 2005 Act had changed the basis for such wills fundamentally. The . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Health
Updated: 19 July 2022; Ref: scu.510002
