In re D (J): ChD 1982

The patient, a widow had five children. After she became a mental inpatient the court was asked to draft a statutory will.
Held: The court emphasised the need to provide full details of the estate assets and family background. An order that a will should not be executed pending an appeal was wrong in principle. The court laid down the principles upon which it should act. A letter of offer was taken into account on the question of costs.

Judges:

Sir Robert Megarry VC

Citations:

[1982] 2 WLR 373, [1982] 2 All ER 37, [1982] Ch 237

Statutes:

Mental Health Act 1959 100(4) 102(1) 103(1)(dd)

Jurisdiction:

England and Wales

Cited by:

CitedIn Re the Estate of Marjorie Langdon Cameron (Deceased); Peter David Phillips v Donald Cameron and Others ChD 24-Mar-1999
One of the testatrix’s children was thought to be profligate, and had failed to maintain his own son. Acting under an enduring power of attorney, the testatrix’s attorneys made a substantial gift in establishing an educational trust for that son’s . .
CitedCutts v Head and Another CA 7-Dec-1983
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Health

Updated: 28 June 2022; Ref: scu.194469