View source for Re D (Statutory Will); VAC v JAD (2010) EWHC 2159 (Ch)

''(1) There is no presumption that the Court of Protection should not direct the execution of a statutory will in any case where the validity of an earlier will is in dispute. Such an approach would tend to elevate one factor (a previous written statement) over all others, contrary to the structured decision-making process required by the [[MCA 2005]]. (2) On the facts, the doubts about the validity of the previous wills were sufficient to conclude that D's best interests would be served by the execution of a statutory will to prevent her estate being eroded, and her memory being tainted, by a bitter contested probate dispute.''

==Official summary==
{{COP2010|16}}

==Other==
Before: HHJ Hodge QC

Hearing and judgment: 16/8/10

The hearing proceeded in private as a hearing on paper only without any of the parties attending. The Court received written submissions from Mr Nigel Ginniff, instructed by the Lee Rigby Partnership, Leyland, on behalf of the applicant; and a Position Statement from Mr David Rees, instructed by the Official Solicitor, on behalf of Mrs D.

==Citations==
[2012] Ch 57, [2011] 1 All ER 859, [2010] All ER (D) 102 (Aug), [2010] WTLR 1511 

Re D [2010] EWHC 2150 (Ch) (cited as this in [2011] Eld LJ 24)

Duplicate Bailii citation number: [2010] EWHC 2159 (COP)

==External link==
{{#bailii:[2010] EWHC 2159 (Ch)}}


[[Category:Statutory will cases]]
[[Category:Brief summary]]
[[Category:Transcript]]
[[Category:2010 cases]]