Category

Testamentary capacity cases

Other related cases can be found within the Category:Capacity and DOL‎ (eventually they will be re-categorised).

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Page and summaryDate added to siteCategories
James v James [2018] EWHC 43 (Ch) — "There is a preliminary question of law as to the test to be applied for testamentary capacity in a case like this, where the testator has made a will, died, and then the question of capacity has arisen. The traditional test for such a case is that laid down in Banks v Goodfellow (1870) LR 5 QB 549, 565, per Cockburn CJ: 'It is essential … that a testator shall understand the nature of his act and its effects; shall understand the extent of the property of which he is disposing; shall be able to comprehend and appreciate the claims to which he ought to give effect, and, with a view to the latter object, that no disorder of the mind shall poison his affections, avert his sense of right, or prevent the exercise of his natural faculties, that no insane delusion shall influence his will in disposing of his property and bring about a disposal of it which, if his mind had been sound, would not have been made.' ... More recently the Mental Capacity Act 2005 has made fresh provision for the ..→2018-01-222018 cases, No summary, Testamentary capacity cases, Transcript
White v Philips [2017] EWHC 386 (Ch), [2017] MHLO 9 — "The claimant, Linda Anne White is the testator's widow. They had married in 1988. They had no children together but each had been married before and each had three children from their respective previous marriages. She contends that at the time he gave instructions and when he signed his will Mr White lacked testamentary capacity with the result that the will is invalid and, since there was no prior will, his estate should be distributed in accordance with the rules relating to intestacy. A pleaded claim to the effect that the execution of the will was obtained by undue influence is no longer being pursued. The only matter for determination therefore is whether at the time Mr White had testamentary capacity." 2017-03-062017 cases, No summary, Testamentary capacity cases, Transcript
Poole v Everall [2016] EWHC 2126 (Ch), [2016] MHLO 24 — "The claimants are David's brothers ... who had benefited under previous wills prepared with the assistance of the Deputy, including one made on 29 February 2012 of which they seek proof in solemn form, but receive nothing in the December will. They allege that that will was not duly executed, that David lacked testamentary capacity and/or did not know and approve of its contents, and/or that its execution was procured by undue influence on Mr. Everall's part." 2016-08-202016 cases, No summary, Testamentary capacity cases, Transcript