Capacity assessment

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