The Rise of Statutory Wills and the Limits of Best Interests Decision‐Making in Inheritance
Bibliographic Data
| ID | 9196735 |
|---|---|
| Authors | Rosie Harding (0000-0002-3063-3525, University of Birmingham, corresponding author) |
| Year | 2015 |
| Volume | 78 |
| Issue | 6 |
| Pages | 945-970 |
| Publication date | 2015-11-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1468-2230.12156 |
| OpenAlex | W1959155478 |
| Language | EN |
| Citations received | 2 |
| References cited | 23 |
This article addresses ‘statutory wills’ executed under the M ental C apacity A ct 2005 ( MCA ) for persons with impaired mental capacity. The article provides an overview of the historical development of statutory wills, before exploring their rising contemporary significance. It considers the shift from the previous ‘hypothetical substituted judgment’ test to the contemporary ‘best interests’ orientation of the MCA . The article assesses the problems that the best interests approach raises in this area, and its (in)compatibility with the right to equal recognition before the law under the UN C onvention on the R ights of P ersons with D isabilities, arguing that the pervasive reach of best interests in contemporary mental capacity law requires reconsideration. The paper concludes by suggesting that a more limited framing of the power to execute statutory wills is required in order to appropriately balance the rights of individuals with disabilities with practical considerations around the distribution of assets on death
Best interests · Framing (construction) · Law and economics · Political science · Sociology · Statutory law · Healthcare Decision-Making and Restraints · History · Homicide, Infanticide, and Child Abuse · Law · Legal principles and applications
Ethics needs principles—four can encompass the rest—and respect for autonomy should be “first among equals”
Children's Rights and the Developing Law
Legislating personhood
Sexuality and Succession Law
Legal constructions of dementia
Informal carers and the private law
Enduring Love? Attitudes to Family and Inheritance Law in England and Wales
The U nited N ations C onvention on the R ights of P ersons with D isabilities and M ental H ealth L aw
| Citations per year | 0.29 |
|---|---|
| Citation span | 2019 - 2021 (3) |
| Highly cited | No |