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Oversight, not omission

A statutory will can be used to do what's morally correct to an extent, but the court is unlikely to entertain attempts to alter deliberate choices

24 August 2015

Statutory will applications offer a fascinating opportunity to consider both the fine detail and considered consequences, of an otherwise ordinary transaction.

The court has to consider the terms of a will from the point of view of every person who may be touched by its terms, while focussing ultimately on the best interests of the testator; a person who can
no longer accurately recall or convey their thoughts and feelings.

In September 2014 District Judge Eldergill was presented with a substantial difference of opinion as to what was in the best interests of the testator, when hearing Jones, Re [2014] EWCOP 59. The case highlights the delicate line a court must walk in considering a statutory will application, and the competing claims of the incapacitated individual's family.

The statutory will application concerned the generous estate...

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