Testate and Intestate Succession

Recent case law has suggested that the test of mental capacity under Section 3 of the Mental Capacity Act 2005 is ‘a modern restatement’ of the traditional common law position.

Critically evaluate this view, comparing the relevant provisions of the 2005 Act with the rules on mental capacity to make a will which have been laid down by case law.

Notes for Guidance:

You must focus on both the statutory and common law positions regarding capacity. In relation to the Mental Capacity Act 2005 you must reflect on the relevance of the legislation for the law of succession.

Your coursework should be written in essay format and referenced in accordance with OSCOLA referencing.

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