References: [1975] CLY 3591
Coram: Templeman J
Ratio: Templeman J set down the ‘golden rule’ that a lawyer should ensure that in the case of any doubt, a will should be witnessed or approved by a medical practitioner who had satisfied himself of the testator’s capacity and understanding.
Jurisdiction: England and Wales
This case is cited by:
- Cited – Hinton and Another v Leigh and Another ChD (Bailii, [2009] EWHC 2658 (Ch))
The testator had made a will, agreed to be valid, but then purported to revoke it. A test at the time suggested he suffered moderate dementia.
Held: The revocation was invalid based on the medical evidence as to capacity. Whilst in the nursing . .
(This list may be incomplete)
Last Update: 21 June 2019
Ref: 377375
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