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The burden of proof in testamentary capacity revisited?

United Kingdom - April 1 2014 We do not formally provide a case note upon this case relating to (inter alia) testamentary capacity, which is highly fact-specific, but note the…

Alexander Ruck Keene, Anna Bicarregui, Jill Stavert, Neil Allen, Victoria Butler-Cole.

When can you dispense with service in a statutory will case?

United Kingdom - April 1 2014 This judgment, delivered some time ago, but only very recently made publicly available, deals with a short but important point as to whether (and…

Alexander Ruck Keene, Anna Bicarregui, Jill Stavert, Neil Allen, Victoria Butler-Cole.

Deprivation of liberty and adults with incapacity: a Scottish perspective – addendum after Cheshire West

United Kingdom - April 1 2014 In the January 2014 issue of this newsletter a brief overview was provided of the post-Bournewood implications for Scottish legislation, notably the…

Alexander Ruck Keene, Anna Bicarregui, Jill Stavert, Neil Allen, Victoria Butler-Cole.

Cheshire West – the impact on s.135za Social Work (Scotland) Act 1968

United Kingdom - April 1 2014 Section 13ZA of the Social Work (Scotland) Act 1968 was inserted by the Adult Support and Protection (Scotland) Act 2007 to provide an alternative to…

Alexander Ruck Keene, Anna Bicarregui, Jill Stavert, Neil Allen, Victoria Butler-Cole.

Is Banks v Goodfellow history?

United Kingdom - April 1 2014 This Chancery Division case is of some interest because it is the first one of which the editors aware in which the MCA 2005 has been expressly…

Alexander Ruck Keene, Anna Bicarregui, Jill Stavert, Neil Allen, Victoria Butler-Cole.