SCHEDULE 2 Property and Affairs: Supplementary Provisions
Mental Capacity Act 2005 (2005 c 9) | Legislation

SCHEDULE 2 Property and Affairs: Supplementary Provisions

Section 18(4)

Wills: general

1

Paragraphs 2 to 4 apply in relation to the execution of a will, by virtue of section 18, on behalf of P.

Provision that may be made in will

2

The will may make any provision (whether by disposing of property or exercising a power or otherwise) which could be made by a will executed by P if he had capacity to make it.

Wills: requirements relating to execution

3

(1)     Sub-paragraph (2) applies if under section 16 the court makes an order or gives directions requiring or authorising a person (“the authorised personâ€) to execute a will on behalf of P.

(2)     Any will executed in pursuance of the order or direction—

(a)     must state that it is signed by P acting by the authorised person,

(b)     must be signed by the authorised person with the name of P and his own name, in the presence of two or more witnesses present at the same time,

(c)     must be attested and subscribed by those witnesses in the presence of the authorised person, and

(d)     must be sealed with the official seal of the court.

Wills:

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