References: [2007] EWHC 2599 (Ch)
Links: Bailii
Coram: Norris QC J
Ratio: A grant of probate was challenged, the claimant stating that, at the time of the will, the deceased had lacked testamentary capacity.
Held: The deceased had a history of mental health difficulties. It was for the person proposing a will to demonstrate the capacity of the testator, and the defendant had not done so. The will failed.
Jurisdiction: England and Wales
This case cites:
- Cited – Charles Harwood v Maria Baker PC ((1840) 3 Moores PCC 282, Commonlii, [1840] EngR 1087, (1840) 3 Moo PC 282, (1840) 13 ER 117)
The Board emphasised the importance that the Court of Probate should be satisfied that a testatrix had the necessary capacity when she executed the will if the evidence showed that she had lost capacity shortly afterwards. The infirmity of the . . - Cited – Broughton v Knight ((1873) 3 P and D 64)
Sir J Hannen said that a testator ‘may disinherit his children, leave his property to strangers to gratify his spite, or to charities to gratify his pride’. . . - Cited – Banks v Goodfellow QBD ((1870) LR 5 QB 549)
The testator suffered from delusions, but not so badly or in such a way as was found to affect his capacity or to influence his testamentary disposition. The judge had given the following direction: ‘The question is whether . . the testator was . .
(This list may be incomplete)
This case is cited by:
- Cited – Key and Another v Key and Others ChD (Bailii, [2010] EWHC 408 (Ch), [2010] 1 WLR 2020, [2010] WTLR 623)
The will was challenged for want of testamentary capacity. The testator was 89 years old, and the will was made within a week of the death of his wife of 65 years and without the solicitor having taken any proper steps to satisfy himself as to the . .
(This list may be incomplete)
Last Update: 09 February 2020
Ref: 259922 br>
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