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Trusts & Trustees Advance Access published online on June 23, 2009
Trusts & Trustees, doi:10.1093/tandt/ttp066
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© The Author (2009). Published by Oxford University Press. All rights reserved.

RE P—statutory wills and the Mental Capacity Act 2005

Re P [2009] WTLR 651

David Rees*

A recent decision of Lewison J has clarified the test to be applied by the Court of Protection when considering applications under the Mental Capacity Act 2005 for the execution of a statutory will on behalf of someone lacking testamentary capacity.

Correspondence: *David Rees, Barrister, 5 Stone Buildings, Lincoln's Inn, London, WC2A 3XT, UK. +44 020 7242 6201; Email: drees{at}5sblaw.com. David appeared for the Applicant in Re P. He specializes in trusts and estates and Court of Protection work, and is the General Editor of Heywood & Massey's Court of Protection Practice..


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