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 home, the testator had completely changed his opinion on several family members and without apparent reason. There was however no evidence of undue influence or fraud.
Judges:
Kevin Prosser QC
Citations:
[2009] EWHC 2658 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Kenwood v Adams 1975
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. . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 01 October 2022; Ref: scu.377354
