The deceased had remarried. His beneficiaries asserted that he had lacked capacity and that the marriage was ineffective.
Held: The test of capacity to marry is whether he or she was capable of understanding the nature of the contract, was free of morbid delusions, and capable of appreciating the normal duties and responsibilities of a marriage. The test of capacity is issue specific. A person might have capacity for one purpose while simultaneously lacking it for another. Singleton LJ said: ‘Was the deceased on the morning of May 30, 1949, capable of understanding the nature of the contract into which he was entering, or was his mental condition such that he was incapable of understanding it? To understand the nature of the contract of marriage a man must be mentally capable of appreciating that it involves the responsibilities normally attaching to marriage. Without that degree of mentality, it cannot be said that he understands the nature of the contract.’ The decision was affirmed.
Judges:
Birkett LJ, Hodson LJ, Singleton LJ
Citations:
[1953] 2 All ER 1411, [1954] P 112, [1954] 97 Sol Jo 830
Jurisdiction:
England and Wales
Citing:
Appeal from – In re Estate of Park (deceased), Park v Park ChD 1953
The deceased had executed his will in which he was described as a widow, whereas in fact he had recently re-married. He was elderly and physically and mentally infirm. A relative alleged that the most recent marriage had been invalid for his lack of . .
Cited by:
Cited – Sheffield City Council v E; Re E (An Alleged Patient) FD 2-Dec-2004
The council sought an order to prevent E, a patient from contracting a marriage which it considered unwise. As a preliminary issue the parties sought guidance as to the questions to be put to the expert as to capacity.
Held: The woman suffered . .
Cited – Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1) CA 19-Dec-2002
Capacity for Litigation
The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the . .
Lists of cited by and citing cases may be incomplete.
Family, Health
Updated: 31 May 2022; Ref: scu.223063