header-logo header-logo

Good will hunting

15 April 2020 / Sinead O’Callaghan
Categories: Features , Wills & Probate
printer mail-detail
Sinead O’Callaghan discusses testamentary capacity in the wake of the coronavirus pandemic
  • Succession challenges: arguments regarding the necessary capacity of the testator.
  • Allegations of insufficient testamentary capacity: Todd v Parsons & Ors.
  • Advice for practitioners: audio or video recordings and expert evidence.

There has always been much discussion around the subject of evidencing testamentary capacity both before and after the death of a testator. It is perhaps unsurprising that succession challenges are often based on arguments to the effect that either the testator lacked the necessary capacity to make a will when they signed it (so that the will is void) or that the deceased was acting under duress or undue influence or that fraudulent calumny was in play (so that the will should be set aside).

The golden rule for practitioners has always been that a medical opinion should be obtained from an appropriately qualified professional when the capacity of a client is in any doubt. However, facilitating this is frequently impractical, particularly when dealing

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

Bloomsbury Square Employment Law—Donna Clancy

Bloomsbury Square Employment Law—Donna Clancy

Employment law team strengthened with partner appointment

mfg Solicitors—Matt Smith

mfg Solicitors—Matt Smith

Corporate solicitor joins as partner in Birmingham

Freeths—Joe Lythgoe

Freeths—Joe Lythgoe

Corporate director with expertise in creative industries joins mergers and acquisitions team

NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
back-to-top-scroll