Mr N Strauss QC said: ‘The question is always whether the testator had the necessary capacity at the time the Will was executed, and that may depend upon the efforts made by others to enable her to have in mind all the relevant considerations necessary for a ‘rational, fair and just testament’. In this case, I do not think that Miss Loxston was able, without assistance, to recollect, understand or focus on all the persons whom she might reasonably wish to benefit at one time, and arrive at a rational decision as to which of them she wished to benefit and in what way. The limited range of beneficiaries in her last will, when compared to the range of beneficiaries in her previous will, is striking and is in my view due to the fact that she was incapable of concentrating on more than a very limited range of objects at one time without help being provided at the time she gave instructions for and executed the will.’
Judges:
Mr N Strauss QC
Citations:
[2006] WTLR 1567, [2006] EWHC 1291 (Ch)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Schrader v Schrader ChD 11-Mar-2013
Brothers contested their late mother’s will, one saying that the later one was made when she lacked capacity and was under the undue influence of the other.
Held: The evidence of one brother that he had taken no significant part in the . .
Cited – Ram and Another v Chauhan and Another Misc 19-Jul-2017
Leeds County Court – Challenge to validity of will – witnesses not present – lack of capacity – undue influence . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 28 October 2022; Ref: scu.471579