THE ADULTS WITH INCAPACITY (SCOTLAND) ACT 2000 BY ADRIAN DOUGLAS WARD, SOLICITOR OF MESSRS TC YOUNG TURNBULL AND WARD, 54 MAIN STREET, BARRHEAD, GLASG

ADRIAN DOUGLAS WARD, Solicitor of Messrs TC Young Turnbull & Ward, 54 Main Street, Barrhead, Glasgow, G78 1RB

[2] I should explain that the summary application before the court runs in the name as pursuer of a solicitor well-known in the field covered by the 2000 Act who, having published at least one textbook on the subject, has an acknowledged expertise in it. He acts for the WI adult in the present case and appears to be making this application on his instructions. His motivation in so doing is based in large part on his perception that the granting of the intervention order now sought is in accordance with the wishes of the WI adult and will if granted be to his benefit.

[19] With regard to the expenses of the appeal procedure I was asked to make an order similar to that made by the sheriff in the longer of his two interlocutors dated 5 September 2013 and am willing to do so on the view that the pursuer in his appeal has been successful to the extent of having the sheriff's shorter interlocutor of 5 September 2013 recalled, albeit his full motion for an immediate grant forthwith of the intervention order sought has not been granted.

[21] The views formed by the Sheriff Principal on the main issues raised by this appeal (heard without a contradictor) may be summarised as follows:-

(i) An intervention order authorising the execution on behalf of a WI person of a will may competently be granted by the court under the Adults with Incapacity Act 2000 in appropriate circumstances.