Capacity in the rear view mirror

Amplifying a presentation that I gave on 17 May 2021 at a 39 Essex Chambers webinar examining the case of Re Clitheroe, considering whether the MCA test applies to testamentary capacity, I have written a short paper looking at one aspect of the decision which seems to me to show a misunderstanding of how the MCA works in retrospect.   In the paper, I look at how the principles of the MCA apply after the event, and also give some thoughts about the approach taken to assessment of capacity for MCA purposes in the rear view mirror.

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