References: Times 29-Nov-1975, [1975] CLY 3591
Coram: Templeman J
Ratio: The court set out certain precautions which might be taken by a solicitor drawing up a will for an aged testator or one who has been seriously ill. One such precaution was that if there was an earlier will it should be examined and any proposed alterations should be discussed with the testator. It is prudent for legal advisors to seek the opinion of a medical practitioner (preferably one experienced in the field) and, if the practitioner is satisfied that the person does have the requisite capacity, he should act as one of the attesting witnesses.
Jurisdiction: England and Wales
This case is cited by:
- Cited – Hoff and others v Atherton CA (Bailii, [2004] EWCA Civ 1554, [2005] WTLR 99)
Appeals were made against pronouncements for the validity of a will and against the validity of an earlier will. The solicitor drawing the will was to receive a benefit, and had requested an independent solicitor to see the testatrix and ensure that . . - Cited – Potter v Potter FdNI (Bailii, [2003] NIFam 2)
The testator’s capacity to make his will was challenged. He had lived alone without electricity, but his doctor said he was known to him and was ‘with it’. Evidence from a member of staff at the solicitor’s office supported the doctor’s description. . . - Cited – Robin Sharp and Malcolm Bryson v Grace Collin Adam and Emma Adam and others CA (Bailii, [2006] EWCA Civ 449, [2006] WTLR 1059)
The testator suffered secondary progressive multiple sclerosis. It was said that he did not have testamentary capacity. He had lost the power of speech but communicated by a speech board. The solicitor had followed appropriate standards in attesting . . - 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 . . - Approved – Buckenham v Dickinson ChD ([1997] CLY 4733, [2000] WTLR 1083)
The testator was very old, partially blind and deaf. A next door neighbour who had great advantage of long experience in old peoples’ homes, indicated that the testator was of such poor sight and hearing that he was virtually cut off from everything . .
(This list may be incomplete)
Last Update: 18 February 2020
Ref: 219627 br>
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