View source for Re P (Statutory Will) (2009) EWCOP 163

{{Case
|Date=2009/02/09
|NCN=[2009] EWCOP 163
|ICLR=[2009] WLR(D) 41
|ICLR ID=2006001218
|Other citations=[2009] EWHC 163 (COP), [2009] EWHC 163 (Ch), [2010] 2 WLR 253, [2009] NPC 24, [2010] Ch 33, [2009] LS Law Medical 264, [2009] 2 All ER 1198, [2009] WTLR 651, [2010] 1 Ch 33, [2010] Ch 33
|Court=Court of Protection
|Judges=Lewison
|Parties=P
|Sentence=Best interests and statutory wills
|Summary=The Court of Protection is not bound by the substituted judgment approach from the previous legislation, including the Mental Health Acts 1959 and 1983, but must apply the Mental Capacity Act 2005 best interests approach (the general philosophy of which is discussed).
|Detail===Summary from Court of Protection 2009 Report==
<div class="perm">
In the context of a statutory will application, Mr Justice Lewison considered the difference between
substituted judgment and best interests, and held that the earlier law regarding the making of statutory wills,
including the landmark decision of Sir Robert Megarry V-C in Re D(J) [1982] 2 All ER 37, is no longer good law because it applied a substituted judgment test.
</div>
|External links=* [[Judiciary of England and Wales, 'Court of Protection: 2009 report' (10/6/10)]] - Summary on page 15
|Subject=Statutory will cases
|News=No
|RSS pubdate=2023/09/09 07:13:32 AM
}}