The court found that the will at issue was prepared under suspicious circumstances which included the fact that the idea of the will was conceived and implemented in a period after a significant hospitalisation where the physical and mental deterioration of the testatrix was becoming apparent and she suffered bouts of confusion. The court was not satisfied that the real content and effect of the will were known to, or even considered by, the testatrix and held that the reading of the will was not such as to indicate sufficiently clearly that she had the degree of appreciation of its contents and effect that was necessary for this requirement of validity.
Judges:
Mr Anthony Mann QC
Citations:
[2001] WTLR 1031
Jurisdiction:
England and Wales
Cited by:
Cited – Gill v Woodall and Others ChD 5-Oct-2009
The claimant challenged her late mother’s will which had left the entire estate to a charity. She asserted lack of knowledge and approval and coercion, and also an estoppel. The will included a note explaining that no gift had been made because she . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 11 May 2022; Ref: scu.450177
