header-logo header-logo

27 March 2015 / Henrietta Mason , Paola Fudakowska
Issue: 7646 / Categories: Features , Wills & Probate
printer mail-detail

Capacity assessment

mason

Henrietta Mason & Paola Fudakowska provide a wills & probate update

In Re Walker (Deceased) (unreported, 20 November 2014), Mrs Walker had separated from her husband of 26 years and lived for two years with her partner, Mr Badmin, who was 23 years her junior, and two years older than her oldest daughter. She made a will in January 2010, one month before she died of a brain tumour. Ancillary relief proceedings in relation to her divorce from Mr Walker were not concluded before her death. She left a life interest in her share of matrimonial assets to Mr Badmin and her residuary estate as to 50% to Mr Badmin and as to 25% to each of her daughters. She also signed a letter setting out her reasons for making the will in these terms (the letter).

Mrs Walker’s daughters challenged the will on the bases of lack of testamentary capacity and knowledge and approval. The daughters argued that the test for capacity should be that set out in the Mental Capacity Act

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll