Consultant Richard Frimston has written an article in the Trust Quarterly Review from STEP Journal, published in December, exploring the complex interplay of statutory wills and issues of private international law, focusing on the UK. Richard examines the jurisdictional challenges and limitations placed on statutory wills by the Mental Capacity Act 2005, offering an in-depth analysis of how these issues intersect with international conventions and regulations.
It is high time that the UK complied with its obligations under the UNCRPD and removed the unnecessary restrictions in para.4, sch.2 to the MCA 2005. Individuals without a disability can obtain advice and execute a will that they consider most effective and appropriate. At the moment, the Court of Protection’s powers are unnecessarily limited. There is no reason why an applicant for a statutory will should not be in the same position as an individual without a disability, and obtain advice and request a statutory will that they consider most effective and appropriate."
The full article is available to read online here from STEP Journal, by subscription only.
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