The testator suffered advanced multiple sclerosis. Daughters excluded from benefit in the will challenged his capacity to have made the will.
Held: Though ‘He was able to understand the nature of the fact of making a will, he knew the identity of the persons on whom he should confer his benefits, he probably understood sufficiently the nature and extent of his property . . and he understood the effects of the will he made. What he lacked however was the capacity to arrive at a rational judgment taking into account all the circumstances, and in my judgment it is likely that there was a temporary poisoning of his natural affection for his daughters, or a perversion of his sense of right, the nature of which nobody can satisfactorily explain.’ The testator did not have the capacity required and the will was not effectively made.
Judges:
Mr Nicholas Strauss QC
Citations:
[2005] EWHC 1086 (Ch)
Jurisdiction:
England and Wales
Cited by:
Appeal from – Robin Sharp and Malcolm Bryson v Grace Collin Adam and Emma Adam and others CA 28-Apr-2006
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 . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 29 June 2022; Ref: scu.242126