header-logo header-logo

31 October 2025 / Ann Stanyer
Issue: 8137 / Categories: Features , Profession , Expert Witness , Wills & Probate , Health
printer mail-detail

Choosing the right expert

234226
In retrospective assessments, it is essential to instruct an expert with the right qualifications for the case at hand, writes Ann Stanyer
  • The case of Parfitt v Jones underscores the importance of instructing an expert with the right qualifications—particularly medical expertise—when assessing testamentary capacity, especially in retrospective evaluations.
  • Retrospective assessments require detailed background, medical history and family context. In this case, the judge found the expert’s reasoning flawed.

The recent case of Parfitt v Jones and another [2025] EWHC 1552 (Ch) illustrates the importance of providing detailed instructions to your chosen capacity assessor, but also making sure that that assessor has the appropriate experience and expertise you need for the specific court proceedings.

The facts

Mrs Mary Wadge, a widow with three children, died in 2018. She signed a will in 2008, which left her share in the family home to her daughter Carolyne, various legacies and the residue divided between her son James, other beneficiaries and her grandchildren. She did not leave anything to her daughter

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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll