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13 November 2008
Issue: 7345 / Categories: Features , Wills & Probate
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Law digest: 14 November 2008

Peter Hungerford-Welch, associate dean, The City  Law School, City University London. www.city.ac.uk/law

Couwenbergh v Valkova [2008] EWHC 2451 (Ch), [2008] All ER (D) 264 (Oct)

For a will to be valid, the law does not call for a perfectly balanced mind, nor is a will to be pronounced against merely because the testator was moved by capricious, frivolous, mean or even bad motives. Where the will is rational on its face (and duly executed) the court will presume that the testator was mentally competent, and so the burden rests on those alleging it to adduce evidence of the testator’s unsoundness of mind. However, once there is evidence before the court which credibly calls into question the testator’s capacity to make a will at the time the will was made, the burden shifts to those who seek to propound the will to prove that the testator had the required mental capacity to make it.

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

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From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

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Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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