The High Court has recently made an important decision after Master McQuail exercised the Court’s discretion to modify the forfeiture rule and granted full relief in the circumstances of a ‘mercy killing’.
This case considers the relationship between the common law test of testamentary capacity, as set out in Banks v Goodfellow (1870) LR 5 QB 549 and the test for capacity set down in ss.2-3 Mental Capacity Act 2005.
Homemade or DIY Wills are not a new phenomenon and have been around for some time. To some a Will may look fairly straightforward, especially when things such as a high street ‘Will Kits’ are so readily available, how difficult can it be?
Coming to terms with the death of a loved one can be an extremely sensitive and upsetting time. Understandably, this time can become deeply distressing when the circumstances of their death are unclear, or unknown.
If approached by someone extolling the virtues of Asset Protection Trusts (‘APTs’), it would be wise to think twice before agreeing to create a trust which could potentially cause you and your family serious distress.