Singellos v Singellos [2010] EWHC 2353 (Ch)

(1) The approach in Parker v Felgate (1883) 8 PD 171 (that if a testator gives instructions when he has capacity, the will stands good even though at the time of execution he only understands that he is executing the will which he has instructed) applies also to dispositions inter vivos. (2) Mrs Singellos had the necessary capacity when she gave instructions to her accountant, but when she signed the multiple documents involved she only understood that she was giving effect to her instructions: the documents were declared to be validly executed.


Judgment: 29/9/2010

Hearing dates: 19, 20, 21, 22 and 23 April, 7 and 8 June 2010

Before: Andrew Simmonds QC (sitting as a Deputy Judge of the High Court)

Mr Ulick Staunton (instructed by Hunters) for the Claimant

Miss Elizabeth Weaver (instructed by Fladgate LLP) for the Defendant

Related judgment

Perrins v Holland [2010] EWCA Civ 840

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