Choosing the right expert

• 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