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.
Judges:
Templeman J
Citations:
[1975] CLY 3591
Jurisdiction:
England and Wales
Cited by:
Cited – Hinton and Another v Leigh and Another ChD 26-Oct-2009
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 . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 06 July 2022; Ref: scu.377375