The decision of Mr Justice Lewison in Re P is the first judgement of a High Court Judge (sitting as a Judge of the Court of Protection) relating to the execution of a statutory will since the Mental Capacity Act 2005 (“MCA”) came into force. The decision has led to a change in the criteria to be considered when making a will for a person that lacks capacity (“the Patient”) and has overturned the previous authority of Re D(J).

For more information please contact Alison Regan, partner.

RE_P_All_Change_For_Statutory_Wills_A_New_Direction_July 2012.pdf