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 capacity.
Held: Pleadings in the ealier proceedings had not raised the issue of capacity, and the claimant was therefore now not estopped from asserting incapacity.
References: [1954] P 89, [1953] 2 All ER 408, [1953] 97 Sol Jo 491
Jurisdiction: England and Wales
This case is cited by:
- Appeal from – In re Estate of Park (deceased), Park v Park CA 2-Jan-1953 ([1953] 2 All ER 1411, [1954] P 112, [1954] 97 Sol Jo 830)
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 . .
These lists may be incomplete.
Last Update: 25 October 2020; Ref: scu.223062
